Class Action

  • March 22, 2024

    Dril-Quip Investor Alleges Merger Will Entrench Board

    A shareholder of oil drilling equipment company Dril-Quip Inc. hit its directors with a proposed class action in Delaware Chancery Court, alleging they added unreasonable provisions to the terms of its merger with Innovex Downhole Solutions Inc. to disenfranchise shareholders.

  • March 22, 2024

    9th Circ. Sends OppFi Predatory Lending Suit To Arbitration

    The Ninth Circuit has sent a proposed class action accusing Opportunity Financial LLC of issuing usurious loans back to the district court, ordering it to grant the lender's bid for arbitration after finding the lower court erred in ruling that the company's arbitration clause is "substantively unconscionable."

  • March 22, 2024

    Amazon, Apple Say Antitrust Attys Can't Ditch 'Fatal' Class Rep

    Amazon and Apple say plaintiffs' counsel in a proposed antitrust suit should be stuck with their class representative, who apparently ghosted his attorneys, arguing the lawyers should have to live with a plaintiff whose purchasing habits undercut the suit's very premise.

  • March 22, 2024

    Trims Recommended In Zelle Fraud Victims' Case Against BofA

    A North Carolina federal magistrate judge has recommended trimming claims in a proposed class action that alleges Bank of America NA didn't compensate for or adequately investigate scammers' unauthorized Zelle transactions despite assurances to victims who lost thousands of dollars.

  • March 22, 2024

    Apple AirTag Judge Open To Injunctive Cert. In Stalking Suit

    A California federal judge overseeing claims that Apple Inc. failed to safeguard its AirTag tracking device from being abused by stalkers said Friday it's "exceedingly unlikely" a proposed damages class will be certified, but a proposed class seeking injunctive relief is likely to snag certification, at least on some claims.

  • March 22, 2024

    Judge Cuts ICE Contractor, Keeps US In Medical Abuse Suit

    A Georgia federal judge on Friday left standing only a narrow sliver of class claims against the federal government from immigrant women alleging they underwent invasive, unnecessary medical procedures while in federal custody, dismissing the bulk of their lawsuit.

  • March 22, 2024

    Google Loses New Trial Bid After Epic Games' Antitrust Win

    A California federal judge denied Google LLC's bid for a new trial and teed up for a May hearing on a possible court-ordered injunction against the tech giant, following Epic Games' jury win on antitrust claims related to Google Play Store and Android apps.

  • March 22, 2024

    Legal Tech Execs Can't Arbitrate ESOP Valuation Fight 

    A legal technology company's executives and related entities can't arbitrate a proposed class action alleging they undervalued the company's shares when shutting down its employee stock ownership plan, thereby costing participants $35.4 million, a Georgia federal judge ruled, finding the plan's arbitration clauses blocked remedies allowed by federal benefits law.

  • March 22, 2024

    Home Sellers Hope $58M Compass Deal Helps Spur Others

    Compass Inc. announced Friday that it would pay home sellers $57.5 million in the first settlement since the National Association of Realtors reached its own deal this month to pay $418 million and overhaul rules that have effectively restricted how brokers buy and sell homes and how they're paid.

  • March 22, 2024

    Final OK Sought For Economic Loss Deal In CPAP Recall MDL

    Users of Philips' recalled CPAP breathing machines have asked a Pennsylvania federal judge to give her final OK to their $467.5 million settlement with the company to cover economic loss claims, arguing only a few objections to the deal remain.

  • March 22, 2024

    Kaiser's Ozempic Coverage Denial Is Discriminatory, Suit Says

    Two Kaiser plans' refusal to cover new prescription weight loss drugs like Ozempic and Wegovy is "without any medical or scientific basis," a Washington state resident told a state court, alleging disability discrimination.

  • March 22, 2024

    Radiology Co., Trustee Must Face Ex-Worker's ESOP Suit

    A Colorado federal judge refused to toss a proposed class action accusing a radiology company and its trustee of overcharging the company's employee stock ownership plan in a $163.7 million sale, saying the former workers' complaint puts forward enough details to back up their allegations.

  • March 22, 2024

    200K Toyota Camry Drivers Ink Deal Over Smelly HVAC

    A certified class of 200,000 Toyota Camry XV50 drivers alleging a defect caused their cars' HVAC systems to emit foul odors asked a California federal judge Thursday to preliminarily approve a settlement which includes up to $100 reimbursement for out-of-pocket costs to replace and install charcoal filters. 

  • March 22, 2024

    Phone Cos., Counties Profit From Jail Visit Bans, Families Say

    Two prison telecommunications service providers have been hit with lawsuits in Michigan state court claiming they worked with jail operators to restrict in-person visits in order to boost their profits from lockup video and phone calls.

  • March 22, 2024

    Off The Bench: Ohtani Lawyers Up, UFC Settles, ACC Clash

    MLB superstar Shohei Ohtani enlists a Hollywood boutique to advise him amid a still-unfolding sports betting scandal, UFC forks over $335 million to settle a wage class action and Clemson's bid to join a new conference spills into court. Catch up with the sports and betting stories that had Law360's readers talking with this week's Off The Bench.

  • March 22, 2024

    Supermarket Chain Can't Flush Class Suit Over Wipes

    A federal judge on Friday declined to toss a Massachusetts man's proposed class action against Stop & Shop that accused the supermarket chain of falsely marketing its store-brand cleansing wipes as "flushable."

  • March 22, 2024

    Chancery Denies Midcase Appeal In TripAdvisor Dispute

    The Delaware judge who gave TripAdvisor Inc. the go-ahead to convert its corporate home to Nevada while upholding most of a shareholder lawsuit challenging the proposed move has refused to certify a midcase appeal of his ruling, despite what he called "disproportionate media attention" about companies fleeing Delaware.

  • March 22, 2024

    Walmart OT Suit 'Just Barely' Gets Collective Cert.

    Workers claiming that Walmart and a related entity misclassified them as salaried employees exempt from overtime "just barely" met the requirements to move forward as a collective, a Colorado federal judge ruled Friday.

  • March 21, 2024

    Burford, Sysco Get OK To Swap Bid In Price-Fixing Cases

    An Illinois federal judge on Thursday agreed to allow an affiliate of legal investment firm Burford Capital to substitute for food giant Sysco in price-fixing litigation against broiler chicken producers, a ruling that comes a month after a Minnesota federal judge refused to allow the same Burford unit to substitute for Sysco in similar pork and beef price-fixing litigation.

  • March 21, 2024

    Silvergate Must Face Investor Suit Over FTX Ties, Judge Says

    The now-defunct Silvergate Bank and its CEO must face a proposed class action brought by customers of bankrupt cryptocurrency exchange FTX, a California federal judge ruled Wednesday, finding that Silvergate owed a duty to FTX customers and that its conduct harmed them.

  • March 21, 2024

    Chemours Faces Investor Suit Over Alleged Exec Misconduct

    Chemical company The Chemours Co. and four of its current and former executives face claims they hurt investors by manipulating a certain financial metric so the executives might receive greater compensation under the company's incentive plans.

  • March 21, 2024

    6th Circ. Probes Outside Firm's Outreach To Class Members

    A Sixth Circuit judge suggested Thursday that there may be free-speech issues with an order barring outside attorneys from sending solicitation letters to potential class members poised to benefit from a pending settlement over Michigan counties' tax foreclosure practices.  

  • March 21, 2024

    9th Circ. Partially Backs Meta Class Cert. In Ad Reach Row

    A split Ninth Circuit panel on Thursday affirmed certification of a damages class of Meta Platforms advertisers who were allegedly deceived about Facebook's "potential reach" tool, but upended certification of an injunction class, telling the district court to take a fresh look at whether the lead plaintiff actually has standing.

  • March 21, 2024

    LinkedIn Must Face Monopoly Lawsuit

    A California federal judge refused Thursday to toss a proposed antitrust class action accusing LinkedIn of using online interface access to pay off would-be rivals, even as he signaled potential trouble ahead once the factual details of those access agreements come into play.

  • March 21, 2024

    Navy Federal Wants Racial Lending Discrimination Suit Axed

    Navy Federal Credit Union on Thursday urged a Virginia federal court to toss a consolidated proposed class action accusing it of racial lending discrimination following a CNN report last year, arguing the plaintiffs have not shown that they were qualified for the loans they applied for, or that the credit union considered race when denying their applications.

Expert Analysis

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • What Retailers Should Note In Calif. Web Tracking Suits

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    As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Chancery's Sears Ruling Clarifies Stockholder Duties

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    In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Changes To Note In New AAA Mass Arbitration Rules

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    The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.

  • NY Discovery Stay Ruling Empowers Securities Defendants

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    A New York state appeals court’s recent decision in Camelot Event v. Morgan Stanley — which extends a federal securities law's discovery stay to state courts — clarifies an issue that has perplexed state courts across the country and provides the advantage of reduced discovery costs to securities defendants, say Katherine Kelly Fell and Jeremy Wertz at Milbank.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

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    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

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