Class Action

  • April 16, 2024

    3rd Circ. Cuts Claims In Geico Vehicle Value-Adjustment Suit

    A New Jersey couple can't bring class-action claims against Geico over it allegedly knocking too much off the payout value on totaled cars, since the company ultimately adjusted their personal claim settlement offer upward, a Third Circuit panel has ruled.

  • April 16, 2024

    South State Bank Breach Exposed 1 Million People, Suit Says

    South State Bank is facing a proposed class action accusing it of negligence following a February data breach that allegedly compromised the personal information of more than a million current and former customers.

  • April 16, 2024

    Plaintiff Wants Big Sugar Antitrust Suits Consolidated In Fla.

    A plaintiff in one of more than a dozen antitrust suits accusing sugar companies of engaging in a price-fixing scheme argued that the litigation should be consolidated in Florida, which is responsible for more than half of all American sugarcane production and is home to more of the sugar company defendants than any other jurisdiction.

  • April 16, 2024

    Pot Transport Co. Can't Escape Overtime Suit

    A company specializing in secure transport of marijuana products didn't show that its drivers engage in interstate commerce and therefore can't escape a driver's misclassification suit seeking unpaid overtime, a Michigan federal judge has ruled.

  • April 16, 2024

    Del. Justices OK Midcase Review Of TripAdvisor Move

    Delaware's Supreme Court will consider whether the Court of Chancery properly denied TripAdvisor's motion to dismiss a shareholder lawsuit over its corporate move to Nevada, finding that a midcase appeal of the ruling involves a question of law and could be "beneficial."

  • April 16, 2024

    Zuckerberg Dodges Liability In Meta Addiction MDL, For Now

    A California federal judge has tossed certain fraud-by-omission claims seeking to hold Meta Platforms CEO Mark Zuckerberg personally liable in sprawling multidistrict litigation over social media platforms' allegedly addictive design, but she allowed the plaintiffs to amend their allegations to assert a new theory of corporate officer liability against Zuckerberg.

  • April 16, 2024

    Capital One Escapes Customer Sign-Up Bonus Suit, For Now

    A California federal judge dismissed a proposed class action brought by a Capital One customer who claimed he applied for a credit card but never got a promised sign-up bonus, saying that a social media advertisement about a bonus was not enough to allege traceability.

  • April 16, 2024

    Credit Union And 'Dreamers' Get Initial OK To Settle Bias Suit

    A California federal judge preliminarily approved a settlement offering cash to individuals who accused Alliant Credit Union of denying them loans for being asylum claimants, recipients of the Deferred Action for Childhood Arrivals program or dependents of employment-based visa holders.

  • April 16, 2024

    Carparts.com Stockholder Revs Up Poison Pill Suit In Del.

    A stockholder of e-commerce auto parts supplier Carparts.com Inc. has sued for a Delaware Court of Chancery order blocking a low-threshold, shareholder rights plan takeover defense allegedly adopted by the company to corral investor unrest after three years of losses.

  • April 16, 2024

    Arbitration Pacts Leave Domino's Wage Suit Plaintiff-Less

    An expense reimbursement dispute against Domino's can't go forward because it will be without a named plaintiff, as the four drivers who were supposed to step in are all bound by arbitration agreements, a Michigan federal judge ruled Tuesday.

  • April 15, 2024

    Taro Inks $36M Investor Deal Over Generics Price-Fixing

    Taro Pharmaceutical Industries shareholders asked a New York federal judge Monday to greenlight a $36 million settlement resolving proposed class claims that the company misled investors about alleged generic drug price-fixing that led to a drop in stock price upon news of a U.S. Department of Justice antitrust investigation.

  • April 15, 2024

    Gov't Says Mich. Court Lacks Authority Over U-Visa Delay Suit

    The federal government on Friday urged a Michigan federal court to toss a proposed class action alleging unreasonable decision delays in U-visa petitions, saying the court wouldn't be able to cure the visa-seeking plaintiffs' alleged harm of being unable to work.

  • April 15, 2024

    SeaWorld's Sesame Park Visitors Can't Get Cert. In Bias Fight

    A Pennsylvania federal judge refused Monday to certify a class of Hispanic and Black customers who allege performers at the SeaWorld Parks & Entertainment Inc.-owned theme park Sesame Place discriminated against and ignored minority children, finding that the proposed 130 children class size is based on inadmissible speculation.

  • April 15, 2024

    McDonald's, Workers Battle Over Future Of No-Poach Case

    Workers suing McDonald's over its past use of no-poach provisions in franchise agreements have told an Illinois federal court the fast food chain is trying to slow down the case after the U.S. Supreme Court declined to take up its appeal.

  • April 15, 2024

    Justices Leave Lower Courts To Parse Corporate 'Half-Truths'

    A recent U.S. Supreme Court ruling that corporate silence isn't enough to form the basis of a securities fraud suit pointedly declined to wade into the question of what counts as a "half-truth," leaving it to lower courts to wrestle with which corporate statements are blurry enough to sustain a shareholder class action.

  • April 15, 2024

    Calif. Cannabis Co. Stiiizy Sued Over Delta-8 Products

    California cannabis giant Stiiizy has been accused of selling products which were touted as federally compliant hemp wares but purportedly had high enough levels of psychoactive THC to qualify as marijuana products, according to a proposed class action in Illinois federal court.

  • April 15, 2024

    Tesla Workers' Atty Rips Claim Of Influence Over State Agency

    Counsel representing a putative class of roughly 6,000 Black Tesla workers alleging the automaker has allowed racism to run rampant at its California factory fired back during a class certification hearing Monday, calling Tesla's suggestion that plaintiffs counsel are driving the state's civil-rights litigation "beyond preposterous."

  • April 15, 2024

    Years After Args, 7th Circ. Continues Mootness Fee Attack

    A Seventh Circuit panel said Monday that a Chicago federal judge improperly barred a class action objector from intervening in a suit involving controversial "mootness fees" the appellate court has long criticized, saying he failed to articulate a valid legal reason for doing so.

  • April 15, 2024

    Drivers Can't Avoid Uber's 'Road Not Taken' Position

    A Pennsylvania federal judge has ruled that the luxury car drivers who accused Uber Technologies Inc. of misclassifying them as independent contractors must respond to the company's renewed post-trial win bid, rejecting the drivers' argument that it was too long and filed too late.

  • April 15, 2024

    Panera Hit With False Ad Suit Over 'Sprouted Grain' Bagel

    A customer hit Panera LLC with a proposed class action accusing the restaurant chain of falsely marketing its bagels as made with sprouted grains despite the main ingredient being less healthy non-sprouted grains, according to a suit removed to California federal court Friday.

  • April 15, 2024

    Oil Co. Warns NC Justices Of 'Unfair' Results In Taking Case

    An oil company and two other former plaintiffs from a settled state government land-taking proposed class action have warned the North Carolina Supreme Court that if the justices affirm an intermediate appellate ruling in a similar case, they would be reinforcing "unfair, unequal, disparate and divergent" treatment of property owners.

  • April 15, 2024

    Apple Faces Two Suits Over IPhone Market Dominance

    Apple has been hit with a pair of suits alleging it has unfairly stifled competition in the smartphone market and that its practices and iPhone sales have violated federal securities and antitrust laws.

  • April 15, 2024

    L'Occitane Privacy Suit Against Zimmerman Reed Trimmed

    A Los Angeles federal court is weighing ending a suit by L'Occitane against Zimmerman Reed LLP and thousands of clients who complained that the company's website tracking tools violated their online privacy, after denying a bid by defendants to compel arbitration and tossing a claim that Zimmerman Reed violated the Computer Fraud and Abuse Act.

  • April 15, 2024

    Detroit Fire Safety 'Tax' Case Heads To Mich. Justices

    The Michigan Supreme Court will hear a challenge to Detroit's fire safety inspection fees, taking up an appeal from a pipe fitter's proposed class action alleging that the charges amounted to unlawful taxes.

  • April 15, 2024

    Subaru Agrees To Replace And Refund Defective Windshields

    Subaru of America Inc. and a proposed class of customers have asked a New Jersey federal judge for the preliminary approval of a settlement that could cover 100% or more of out of pocket losses and conclude a 4-year-long dispute over spontaneously cracking windshields.

Expert Analysis

  • 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.

  • 10 Years Of Retail Battles: Unpacking Pricing Litigation Trends

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    A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

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