2nd Circ. Says 9/11 MDL Firm Must Wait To Appeal Sanctions

By Emily Sawicki

Sanctions imposed against a New York firm for leaking a document in violation of a protective order in the multidistrict litigation over the Sept. 11 attacks are too closely tied to the merits of the case for an appellate panel to consider tossing them, the Second Circuit has determined.

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Dental Supply Co.'s $84M Price-Fixing Deal Gets Final OK

By Emilie Ruscoe

Dental supply company Dentsply Sirona Inc. and its investors have gotten final approval for an $84 million deal resolving consolidated shareholder class action claims that the company hurt investors by concealing a price-fixing scheme and a distributor's inventory buildup.

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Yale New Haven Offers $18M To Settle Data Breach Claims

By Aaron Keller

Yale New Haven Health Services Corp. has offered to create an $18 million global fund to settle what were once multiple lawsuits surrounding a March 8 data breach that affected more than 5 million individuals, according to a motion seeking a Connecticut federal judge's preliminary approval.

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$8.7 Million Data Breach Deal Gets Preliminary Approval

By Ganesh Setty

A human resources and employee benefits management company moved one step closer to resolving a consolidated, proposed class action over a data breach that affected roughly 580,000 individuals as a California federal court gave preliminary approval to an $8.7 million settlement.

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Capital One Unit Can't Nix OT Misclassification Case

By Irene Spezzamonte

A Virginia federal judge ruled that a former Capital One employee can concurrently pursue claims under federal and state overtime laws, adding that the bank made some premature arguments when it tried to toss a suit accusing it of misclassifying learning associates as overtime-exempt.

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11th Circ. Seeks Additional Briefing In Mortality Table Suit

By Carolina Bolado

The Eleventh Circuit has requested additional briefing on what the term "actuarial equivalence" meant when the Employee Retirement Income Security Act was enacted in an appeal by married utility company retirees who filed a class suit claiming their pension benefits were lowballed due to outdated mortality tables used in conversions.

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LifePoint Must Face Workers' 401(k) Mismanagement Suit

By Kellie Mejdrich

A Tennessee federal judge refused to toss a proposed class action against LifePoint Health Inc. from participants in the healthcare company's employee 401(k) plan who alleged their retirement savings were dragged down by excessive recordkeeping and administrative fees, concluding allegations were sufficiently backed up to proceed to discovery.

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Philly Police Seek Class Cert. In Emergency OT Pay Suit

By Matthew Santoni

A group of "ranking officers" in the Philadelphia Police Department on Thursday asked a federal judge to certify a class of approximately 230 current and former officers for their lawsuit alleging they weren't informed of their eligibility for overtime pay.

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Brief

BofA Wants Quick 4th Circ. Appeal In 401(k) Forfeiture Suit

By P.J. D'Annunzio

Bank of America wants to appeal a North Carolina federal court's denial of its dismissal bid in a proposed class action filed on behalf of 401(k) participants alleging the bank misspent forfeitures from workers' retirement plan.

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Insulin Makers Ask 2nd Circ. To Rethink Collusion Claims

By Matthew Perlman

Sanofi-Aventis US, Eli Lilly & Co., Novo Nordisk Inc. and AstraZeneca Pharmaceuticals LP are asking for a rehearing after a Second Circuit panel revived a proposed class action from safety-net hospitals and clinics accusing the companies of increasing insulin drug costs by agreeing to limit participation in a discount program.

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NY Judge Lets Baosheng IPO Suit Proceed But Drops Auditors

By Katryna Perera

A New York federal judge has ruled that investors can move forward with claims that Baosheng Media misled them by failing to disclose an investigation by Chinese authorities ahead of its initial public offering, but found they'd failed to state a claim against the auditor defendants in the suit.

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Weedmaps Shouldn't Get To Exit Fraud Suit, Investor Says

By Jonathan Capriel

Weedmaps Technology Inc., a cannabis tech company that was fined by federal regulators for allegedly misleading investors, shouldn't be allowed to escape an investor-led proposed class action, the lead plaintiff has told a California federal court, saying the company's arguments defy common sense and understandings of the word "engage."

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Ex-Nikola CEO Seeks To Undo Investor Class In Fraud Case

By Sydney Price

Former Nikola CEO Trevor Milton on Thursday asked an Arizona federal judge to decertify at least part of a class of investors accusing him and the company of exaggerating the viability of Nikola's technology and its business prospects, arguing the lead investors didn't identify and contact class members during discovery.

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Luminar Must Face Investor Suit Over Image Rip-Off Claims

By Sydney Price

Autonomous vehicle technology company Luminar Semiconductor Inc. cannot escape the latest version of a proposed investor class action alleging that it passed off an image of a competitor's technology as its own after a Florida federal judge found that the amended suit now sufficiently pleads that the company made material misrepresentations.

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Execs Seek Exit From Predatory Loan Suit Naming Tribal Biz

By Joyce Hanson

Company executives accused of operating a predatory lending scheme involving the Crow Creek Sioux Tribe have asked a California federal judge to strike class allegations against them and send the suit to arbitration, saying the lead plaintiff waived his right to bring class actions in his loan agreement.

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Mich. Judge Greenlights Fiat Chrysler Engine Fire Settlement

By Mike Curley

A Michigan federal judge on Thursday granted preliminary approval to a settlement between drivers and FCA US LLC to resolve claims that the automaker sold trucks with an engine defect that could cause fires.

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6th Circ. Backs Toss Of Suit Over Alleged Jif Contamination

By Emily Field

A Sixth Circuit panel affirmed a lower court win for J.M. Smucker Co. on Wednesday, saying customers in a proposed class action over a Jif peanut butter recall lacked proof that their specific items were contaminated with salmonella bacteria.

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Users Accuse Encyclopaedia Britannica Of Privacy Invasion

By Joyce Hanson

Encyclopaedia Britannica website users have sued the digital reference platform in federal court on claims that it violates the California Invasion of Privacy Act by closely tracking their online activity and selling that information to third parties, including Facebook.

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Disney Flouts Privacy Law By Exploiting User Data, Suit Says

By Gina Kim

The Walt Disney Co. is flouting privacy laws by illegally gathering and sharing with Google personal information of individuals who visit its website for data monetization and advertising purposes, without their knowledge or consent, according to a proposed class action filed in California federal court.

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Audible Credit Suit Raises Question On Wash. Gift Card Law

By Rachel Riley

A federal judge in Seattle has floated asking Washington's high court to clarify the scope of the Evergreen State's gift card law, suggesting on Thursday that a consumer suit over expiring Audible credits hinges on whether the statute only covers instruments with monetary value.  

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Google's 'Failure To Communicate' In AI Fight Irks IP Judge

By Dorothy Atkins

A California magistrate judge presiding over discovery in a proposed class action alleging Google's artificial-intelligence training models infringed artists' copyrights on Thursday refused, for now, to appoint a special master after plaintiffs accused Google of delaying data production by months, but she expressed frustrations with Google counsel's "failure to communicate."

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Energy Giants Largely Defeat Climate Change RICO Suit

By Hailey Konnath

A Puerto Rico federal judge on Thursday mostly threw out, for good, racketeering and antitrust claims accusing a slew of energy industry companies of misrepresenting the climate dangers of fossil fuel products in causing a pair of hurricanes, though she declined to throw out some of the claims with prejudice.

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BofA Still Can't Block Exec Depositions In COVID Fraud MDL

By Hailey Konnath

A California federal judge has refused to rethink his earlier order requiring Bank of America NA's CEO and former chief operating officer to sit for depositions in multidistrict litigation over alleged security failures at the bank during the COVID-19 pandemic, ruling the bank hasn't shown he erred.

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Sudanese 'Can't Prove' BNP Bankrolled Dictator, Jury Told

By Pete Brush

French banking giant BNP Paribas told a Manhattan federal jury on Thursday that three plaintiffs who fled Sudan amid horrific human rights abuses, later to become U.S. citizens, "can't prove" it contributed to former Islamist dictator Omar al-Bashir's killing and destruction.

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3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11

By Emily Lever

Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.

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Colo. Judge Says $1.5M Damages Request May Be 'Piling On'

By Zach Dupont

A Colorado federal judge was skeptical Thursday to award a $1.5 million default judgment against the owner of a now-defunct metal fabrication and construction company who was accused by former employees in a class action of failing to pay wages in the months before the business filed for bankruptcy.

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Moelis Says Pact Spurring Del. Corp. Law Rework Is Lawful

By Jeff Montgomery

Attorneys for Moelis & Co. have told Delaware's justices that a stockholder agreement that solidified Ken Moelis' control of the investment bank was either valid or lawfully obtainable by other means before the Court of Chancery struck it down last year, with time to challenge key provisions long since expired.

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FDA Transparency Plans Raise Investor Disclosure Red Flags

The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.

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Series

Being A Professional Wrestler Makes Me A Better Lawyer

Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

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Analysis

When The Supreme Court Says Using Race Is OK

By Marco Poggio

The U.S. Supreme Court is allowing government agencies to expressly use race in furthering their immigration enforcement goals, while prohibiting the use of race as even one of the factors to consider in college admissions. Some legal scholars see a double standard.

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Quinn Emanuel's $30M Fee Bid Flouts Ch. 11, Co. Says

By Julie Manganis

Israeli printed circuit maker Nano Dimension has told a Massachusetts federal judge that Quinn Emanuel Urquhart & Sullivan LLP can't claim a $30 million attorney's lien to make an "end run" around the bankruptcy of 3D printing company Desktop Metal, a former client that Nano acquired.

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Hagens Berman Doubles Down On AI-Tainted Brief Correction

By Adrian Cruz

Hagens Berman Sobol Shapiro LLP said that the firm has an ethical duty to correct briefs tainted by artificial intelligence errors and that the corrected versions shouldn't be stricken from a proposed class action against online platform OnlyFans' parent company.

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Calif. Bill Blocking Fee Sharing With ABS Firms Heads To Gov.

By Emily Sawicki

A bill heading to California Gov. Gavin Newsom's desk is poised to tighten rules to restrict alternative business structure law firms from operating in the Golden State by blocking lawyers from sharing fees with out-of-state firms owned by non-lawyers.

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Analysis

Appeals Courts Rethink Harsh Youth Sentences, Search Rules

By Brandon Lowrey

State appellate courts across the country have issued major criminal law opinions this year, softening some of the harshest sentences for young defendants while shifting rules for searches and evidence collection.

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NYC Eviction Counsel Program Struggles To Meet Its Goals

By Andrea Keckley

More than half the households eligible for New York City's Right to Counsel program are not receiving legal representation in eviction cases, with representation rates peaking at just over half the qualified tenants in 2022 before falling to roughly one-third of citywide tenants in 2024, according to a report.

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Analysis

New Guidance Hacks Away At Immigration Judges' Powers

By Britain Eakin

A steady stream of Board of Immigration Appeals decisions and Executive Office for Immigration Review memos, capped by recent guidance on handling constitutional claims, shows a Trump administration reining in immigration judges overseeing removal cases.

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Analysis

Mich. AG's Loss Spells Trouble For Other Fake Elector Cases

By Carolyn Muyskens

The dismissal of charges against Michigan Republicans who participated in the so-called fake elector plot after the 2020 presidential election shows that establishing intent could be a hurdle for prosecutors as they pursue similar cases in other states, legal experts said.

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'Tyrant' Indiana Judge Ousted Over Misconduct

By Lynn LaRowe

An Indiana superior court judge who "wielded his position of power like a tyrant" during his three years on the bench has been permanently barred from judicial service by the state's Supreme Court.

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Analysis

Fresh Angles On Display In ERISA Summer Filing Uptick

By Kellie Mejdrich

Attorneys dealing with a rise in Employee Retirement Income Security Act cases are paying close attention to a handful of recent suits with allegations that put a twist on traditional benefits disputes. Here, Law360 looks at three cases with fresh angles that lawyers are keeping an eye on.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

The federal government has accused Uber Technologies Inc. of discriminating against riders with disabilities, including individuals traveling with service animals or using stowable wheelchairs. Meanwhile, a new Law360 analysis shows that male lawyers still hold nearly three times as many equity partner roles as women do.

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Law360's Legal Lions Of The Week

By Kevin Penton

Kaplan Martin LLP leads this week's edition of Law360 Legal Lions, after the Second Circuit upheld an $83.3 million award against President Donald Trump for defaming writer E. Jean Carroll in 2019 in the wake of her sexual assault allegations, rejecting his claims of presidential immunity.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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