A proposed class of consumers has slapped an Illinois casino with a federal lawsuit under the state’s Biometric Information Privacy Act, claiming the business illegally uses facial recognition software to capture data on thousands of customers without their permission.
A Seventh Circuit judge on Wednesday pushed Medical Mutual of Ohio to address why it waited until July 2016 to take steps to limit which testosterone replacement drugs the insurer would cover, two years after the U.S. Food and Drug Administration flagged potential cardiovascular risks associated with the drugs.
Hausfeld LLP is considering whether to file a competing collective action suit in London accusing several banks of rigging the global foreign exchange market, setting up a potential tussle with Scott & Scott, the rival firm helming the existing British claim.
A California jury heard openings Monday in the first of nearly 1,000 consolidated federal cases to go to trial over alleged defects in Focus and Fiesta transmission systems, with the owner saying Ford should have bought the car back after numerous clutch replacements while Ford asserted the car is safe.
The U.S. Supreme Court will hear arguments Wednesday on whether the Second Circuit was right to revive IBM workers' claims that they were kept in the dark about the overvaluation of IBM stock in their retirement plan, setting the stage for an opinion that could slam the door on ERISA stock-drop class actions.
Ripple Labs must face claims that it engaged in an unregistered securities offering of the cryptocurrency XRP and cannot invoke the Securities Act's statute of repose to “immunize new offerings of unregistered securities,” a proposed class of investors told a California federal court.
The Ohio federal judge overseeing multidistrict opioid litigation appears to have decided key issues about the MDL's future without first accepting input from pharmacy defendants, according to their strongly worded court filing late Tuesday.
Two Silicon Valley Democrats on Tuesday proposed creating a European Union-inspired agency to regulate the collection of U.S. consumers' personal data, as the debate over a national comprehensive privacy law drags on in Congress.
Conagra shareholders have told an Illinois federal court that the company can't end a stock-drop suit over its $10.9 billion acquisition of Pinnacle Foods Inc., because internal records show the food giant knew Pinnacle was suffering from "lackluster innovation" that hurt sales before acquiring it.
Customers in a class action suit over a 2017 Chipotle data breach that exposed their names and payment card numbers to hackers asked a Colorado federal judge for $1.2 million in attorney fees, saying a mediator proposed that figure as the parties were settling.
The federal government has told a California federal court that a request from a class of immigrants seeking to stop immigration authorities from using state law enforcement officials to arrest suspected unauthorized immigrants is too broad and overreaching.
Monteverde & Associates PC will serve as lead counsel in Shutterfly Inc. shareholders’ putative class action alleging the company withheld information regarding the online photo service’s proposed $2.7 billion acquisition by private equity giant Apollo Global, a Delaware federal judge said Tuesday.
The former Sleepy's LLC and its successor company urged a New Jersey federal court to toss a proposed class action alleging it unlawfully denied a refund to a customer and limited its own liability, arguing Tuesday the customer’s dissatisfaction with his merchandise doesn’t mean he was actually harmed.
A legally blind man in New York has lodged a proposed web accessibility class action against online CBD supplement retailer Medterra, alleging the company’s website comes up short on accommodations for the visually impaired.
A California federal court gave an initial green light Monday to a $2 million settlement between the company that operates Disneyland and workers who claimed they were shorted on overtime and incentive pay, though the judge expressed reservations about the attorney fees requested.
A Georgia federal judge has trimmed a proposed class action alleging Mercedes vehicles had defective “Mars Red” paint that would blister, bubble and peel off, saying some of the drivers’ warranty claims didn’t hold up but most of their state-based unfair trade practices claims could advance.
Bank of America Corp. has a tentative agreement to settle consolidated class action litigation from home mortgagors accusing it, Countrywide Financial Corp. and others of engaging in a fraudulent real estate appraisal scheme in the 2000s, a California federal court was told.
Hi-Tech Pharmaceuticals Inc. was hit with a proposed class action on Monday in California federal court alleging that the company adds an illegal stimulant to its dietary supplements without telling customers.
An Illinois district court wrongly certified a "far too diverse" class of 2,000 female employees in a hostile work environment case based on an academic theory of "ambient harassment," the Cook County Sheriff's Office has told the Seventh Circuit.
The Third Circuit has rebuffed Thrivest’s Hail Mary request that the court step in and force the federal judge overseeing the NFL concussion settlement to stop interfering with the litigation funder's ability to collect on high-interest loans it made to players.
Micro Focus International PLC fired back Monday in New York federal court against claims that it concealed issues related to an $8.8 billion deal to acquire Hewlett Packard Enterprise Co.’s noncore software assets, leading to stock drops.
Shifting the burden from undocumented immigrants to the government when it comes to assessing whether a jailed immigrant should be released has resulted in people being let go because the government has "nothing" on which to hold them, a Boston federal judge said Tuesday during a hearing.
Walgreens wants to ax a proposed class action accusing it of costing employees nearly $300 million in retirement savings by not removing underperforming funds from its retirement plan, arguing the suit is merely an example of "Monday-morning quarterbacking."
Agricultural processor Archer Daniels Midland Co. has asked an Illinois federal court to end allegations that the short bets it made on ethanol during a supply glut of the biofuel constituted market manipulation, arguing that its strategy was in line with open-market competition.
LendingClub and its executives slipped out of a proposed shareholder class action over allegedly fraudulent advertising to borrowers after a California federal judge found Monday that the investors failed to prove the misstatements at issue were knowingly false at the time they were made.
As highlighted by Kwesell v. Yale University, a class action recently filed in a Connecticut federal court, wellness programs that include penalties for nonparticipation may always face legal risks and challenges under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, says Chad DeGroot at Laner Muchin.
Following the Ninth Circuit’s opinion in Blair v. Rent-A-Center, companies that employ arbitration clauses in consumer-facing contracts should reexamine the language for an unlawful waiver of a plaintiff’s right to seek public injunctive relief, says Alejandro Moreno at Sheppard Mullin.
My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.
The Eleventh Circuit’s recent opinion in Salcedo v. Hanna, that a single text message doesn't constitute standing to sue under the Telephone Consumer Protection Act, not only splits from at least one other circuit court, but it provides consumer-facing businesses a game-changing precedent to combat TCPA cases, say attorneys at Buchanan Ingersoll.
Following the U.S. Supreme Court’s Henry Schein opinion and more recent lower court rulings on employee arbitration agreements, employers will need to consider the intersection of delegation clauses that allow only an arbitrator to decide what is arbitrable and carve-out clauses that allow certain issues to be decided in court, says Brian Mead at McDermott.
Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.
The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.
A forthcoming article in the University of Chicago Law Review argues that mutual funds should participate more aggressively in shareholder litigation to enhance fund returns, but ignores several practical realities, including that the opportunity costs of pursuing litigation are not always in the best interest of fund shareholders, say Amy Roy and Robert Skinner at Ropes & Gray.
The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.
The D.C. Circuit recently affirmed the denial of class certification in a case against the four largest U.S. railroads for conspiring to set fuel surcharges, diminishing shippers' time to bring individual antitrust claims, says Sandra Brown of Thompson Hine.
Recent decisions in putative food labeling class actions show an unwillingness by federal courts to accept that consumers can be misled by label claims, when ingredients lists clearly tell consumers what is in products, say Mark Goodman and Anne Kelts of Baker McKenzie.
Oklahoma Judge Thad Balkman's landmark verdict against Johnson & Johnson for its role in promoting opioids did not address certain key issues raised by the defendants, including federal preemption, and blurred the distinction between a damage award and an abatement order, says Richard Ausness of the University of Kentucky College of Law.
A class of approximately 6,000 Minor League Baseball players was recently certified by the Ninth Circuit in a minimum wage case, which is a major victory for the players, but a glimmer in the otherwise dismal labor history and future of Minor League Baseball, says Ronald Katz at GCA Law.
The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.
According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.