Firms Vie For Lead Counsel Role In Vestis Derivative Suit

By Christine DeRosa

Plaintiffs in a shareholder derivative action against the top brass of Vestis Corp. are in a tussle to get different law firms appointed as lead counsel, with the original plaintiff backing The Brown Law Firm PC and the additional plaintiffs pushing The Rosen Law Firm PA and Johnson Fistel PLLP.

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Mylan's Conflict Concerns Halt Antitrust Bellwether Trial Plans

By P.J. D'Annunzio

A Pennsylvania federal judge on Wednesday stayed proceedings and continued the trial date in the sprawling generic drug antitrust case after defendant Mylan alleged that the special discovery master, Saxton & Stump shareholder and former federal judge Lawrence Stengel, has a conflict of interest.

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Tyson's Price-Fixing Deal Merits $27.5M Atty Fees, Buyers Say

By Dorothy Atkins

Beef direct purchasers asked a Minnesota federal judge Tuesday to award class counsel $27.5 million in fees, or one-third of Tyson's $82.5 million price-fixing settlement, arguing that the deal was reached after six years of hard-fought antitrust litigation and adds to another settlement, bringing the total recovery to $135 million.

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Avangrid Says $124M 401(k) Suit Relies On Mismatched Funds

By Aaron Keller

Avangrid has asked a Connecticut federal judge to dismiss a proposed class action by a former employee who claims an underperforming retirement fund cost participants at least $45 million, arguing the worker inappropriately compared an actively managed collective investment trust to a mutual fund and an unmanaged benchmark index.

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Meijer Escapes Suit Over Health Plan Fee For Tobacco Users

By Grace Elletson

A Michigan federal judge tossed a worker's proposed class action alleging supercenter chain Meijer improperly charged workers a $20 per week tobacco surcharge through its health plan, ruling that concerns about improper notifications and allocations of the fee ultimately lacked teeth.

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Towing Co. Prez Can't Pierce Corporate Veil In Driver OT Suit

By Benjamin Morse

The president of a Texas towing company cannot escape a proposed collective action accusing the business of misclassifying tow truck drivers and denying them overtime, a federal judge ruled, finding the worker sufficiently alleged that the president exercised operational control over employees.

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Cruise Says GM Investors Can't Pursue Robotaxi Fraud Suit

By Linda Chiem

Cruise LLC told a Michigan federal judge Tuesday that lead plaintiffs lack standing to pursue their securities fraud class action alleging General Motors Co.'s self-driving car unit misrepresented the technological capabilities and commercial readiness of its robotaxis, and that their class certification bid should be rejected.

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STMicro Investors Seek Cert. In Suit Over COVID Market Drop

By Gina Kim

Investors in semiconductor manufacturing company STMicroelectronics have asked a New York federal judge to certify their securities class action alleging company executives failed to acknowledge pandemic-related semiconductor chip demand declines, arguing they all relied upon the executives' public misrepresentations to purchase company shares. 

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Brief

9th Circ. Denies Funko's Bid To Revisit Investor Dispute

By Jessica Corso

The Ninth Circuit said Wednesday it would not reconsider its decision to revive a proposed class action accusing Funko Inc. of failing to warn investors about tens of millions of dollars' worth of excess toys the company eventually wrote off.

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Avaya Execs Beat Investor Suit Over Failed Tech Transition

By Katryna Perera

A New York federal court has dismissed a shareholder lawsuit against two former Avaya Holdings Corp. executives, who were accused of misleading investors about the success of the North Carolina-based company's transition from a telecom to a technology firm prior to its bankruptcy filing, finding all challenged statements were forward-looking or inactionable.

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Hims & Hers Investor Sues Over FTC Privacy, Billing Claims

By Sydney Price

Telehealth company Hims & Hers Health Inc. was hit with a proposed securities class action accusing it of inflating its share prices by failing to disclose certain practices that led to a suit by the Federal Trade Commission accusing it of sharing customers' sensitive health information with big tech companies and using deceptive billing methods.

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B. Riley Investors, Alleging Fraud, Seek Class Certification

By Sydney Price

A group of investors has moved for class certification in their suit accusing B. Riley Financial Inc. of failing to disclose risks related to its dealings with Brian Kahn, an investment manager who recently pled guilty to securities fraud over his role in the collapse of a $400 million hedge fund.

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Hess, Pioneer, Others Can't Duck Shale Oil Price-Fix Claims

By Bryan Koenig

A New Mexico federal judge preserved the core of a consolidated proposed class action from consumers, businesses and local governments accusing Hess, Pioneer, Continental and other fossil fuel giants of conspiring to slow down shale oil production to drive up prices, tossing only a handful of state law claims.  

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Baby Formula Machine Makes Infants Lose Weight, Suit Says

By Jonathan Capriel

The makers of the Baby Brezza formula mixing machine are facing a proposed class action in New York federal court from a group of parents who say the $200 device dispenses dangerously diluted formula, even when properly used, causing infant weight loss and hospitalizations.

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Suit Alleges Athletico Gave Patient Data To Google Without OK

By Celeste Bott

Physical therapy provider Athletico Management LLC was sued in Illinois federal court Tuesday in a proposed class action claiming it shared patients' personal and health information with Google through tracking technology embedded in the Athletico website where they made their appointments.

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PayPal Lets Tech 'Invisibly' Track Venmo Users, Suit Says

By Katryna Perera

PayPal misled users about third-party tracking technologies embedded in its payment platform Venmo and how their personal information was disclosed to third parties, according to a new suit filed in California federal court.

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Tribal Students Achieve A Win In Financial Aid Policy Suit

By Joyce Hanson

A New York federal judge has ruled in favor of two Saint Regis Mohawk Tribe students in their suit against the U.S. Department of Education over its policy requiring documentation from Indigenous students of permanent residency in the United States to be eligible for financial aid.

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Snap Mobile Skims From Online Fundraisers, Donor Claims

By Ben Adlin

A Washington woman who donated through Snap Mobile's online fundraising platform filed a proposed class action claiming that the company deceptively skims up to 20% of donations as a platform fee on top of a 4% processing fee and a prepopulated "tip" that users must affirmatively decline.

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Unilever, Gruns Sued Over Gummies Marketed As 'Sugar-Free'

By Carla Baranauckas

Unilever United States Inc. and Gruns Nutrition Inc. have been hit with class claims in New Jersey federal court alleging that they falsely labeled a line of gummies as "sugar-free" even though the nutritional supplements are sweetened with allulose, which the four suing consumers say is a sugar under federal regulations.

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DOJ Backs OpenAI, Microsoft Fair Use Defense In NYT IP Case

By Bonnie Eslinger

The federal government is weighing in on the sprawling copyright litigation against OpenAI Inc. and Microsoft Corp. in New York federal court brought by The New York Times and others, telling the judge that using copyrighted texts to train generative tools shouldn't expose developers to broad infringement liability.

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Crypto Mine Noise Suit Belongs In State Court, Neighbors Say

By Hayley Fowler

Residents of a North Carolina town suing over allegedly excessive noise coming from a nearby cryptocurrency mining and AI data center want their lawsuit bumped back down to state court, arguing the damages they're seeking fall short of the threshold required for federal jurisdiction.

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Ohio Court Rejects Class Bid In State Farm Vehicle Value Row

By Danielle Ferguson

An Ohio federal judge Tuesday rejected a driver's attempt to certify a class of policyholders in a case alleging State Farm underpaid the cash value of totaled vehicles, finding class treatment would be "inappropriate" because each vehicle would need individual assessment.

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Trump's Latest Birthright Order Flouts High Court, Judge Says

By Rae Ann Varona

A Maryland federal judge ruled Wednesday that President Donald Trump's latest attempt to curtail birthright citizenship cannot be applied to a certified class of children, saying the U.S. Supreme Court already decided that the children were citizens once born.

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Mich. City Says New Rules Moot Developer's Data Center Suit

By Charlie Innis

The city of Wixom said in Michigan federal court Tuesday that a developer's exclusionary zoning and due process claims over its recently enacted data center moratorium and subsequent denial of a waiver are not viable because they focus on an unapproved site plan under old rules.

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Akerman Hires Consumer Protection Law Ace From Steptoe

By Gina Kim

Akerman LLP announced on Monday it has welcomed a former Steptoe LLP attorney who brings vast experience helping clients navigate a unique, complicated landscape involving Golden State consumer protection laws and regulations, including matters related to Proposition 65.

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Thomson Reuters Cyberattack Hits North American Courts

By Bonnie Eslinger

A recent cyberattack on Thomson Reuters' court management software affected files associated with court systems in 11 states, the U.S. Virgin Islands and Canada, and may have exposed sealed documents and individuals' personal information, according to a Wednesday announcement from the technology and information services company.

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Calif. Bill Regulating Atty AI Use Heads To Newsom's Desk

By Emily Sawicki

A bill regulating attorneys' and arbitrators' use of generative artificial intelligence has unanimously passed the California State Legislature and is headed to Gov. Gavin Newsom's desk.

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'Astonished' Homebuyer Says Atty Email Lapse Caused Hack

By Pete Brush

A New York City law firm has been ordered to provide internet security and login information to a homebuyer who claims she was left in "shock" when an impostor with access to her lawyer's email tricked her into wiring away over $730,000.

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House Rejects Amendment To Fix Court At 9 Justices

By Courtney Bublé

The House failed to pass a proposed constitutional amendment on Wednesday that would keep the number of U.S. Supreme Court justices at nine.

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Dems Call Subpoenas' Secrecy Request 'Abuse Of Authority'

By Aneeta Mathur-Ashton

Democratic lawmakers Sen. Ron Wyden, Ore., and Rep. Pramila Jayapal, Wash., have called for an investigation into subpoenas issued from federal law enforcement to private companies that contain nondisclosure provisions and carry threats of legal consequences for noncompliance.

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JPMorgan Seeks Stay Of $20M Javice, Amar Fee Order

By Jarek Rutz

JPMorgan Chase & Co. urged the Delaware Chancery Court on Wednesday to pause enforcement of an order requiring it to advance more than $20 million in disputed legal fees to convicted Frank founder Charlie Javice and former executive Olivier Amar, arguing the bank could permanently lose the money before it gets a chance to challenge the ruling.

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ABA Outlines Attys' Duties To Clients With Intellectual Limits

By Jack Karp

Attorneys have the same obligations to clients with decision-making limitations, should abide by those clients' decisions regarding their representation and must work to maintain an ordinary client-lawyer relationship as much as possible, the American Bar Association said in an opinion released Wednesday.

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