Boies Schiller Knocked By Judge In Meta Copyright Fight

By Adam Lidgett

A California federal judge has criticized attorneys from law firms including Boies Schiller Flexner LLP that are representing authors accusing Meta of unlawfully using copyrighted material to train its artificial intelligence models, while still allowing the authors to amend their case again.

Opinion attached | Read full article » | Save to favorites »

Southwest Can't Fly Past Workers' Retirement Plan Suit

By José Luis Martínez

Southwest Airlines Co. retirement plan beneficiaries pleaded sufficient facts to state claims for breach of fiduciary duty and for failure to monitor in alleging that the company and its executives failed to remove an underperforming fund that lagged its benchmark, a Texas federal judge ruled this week.

Order attached | Read full article » | Save to favorites »

Hyundai Loses 9th Circ. Bid To Arbitrate Palisade Liability Suit

By Jonathan Capriel

Hyundai Motor America Inc. can't push into arbitration a proposed class action over allegedly faulty tow wiring that can catch fire, the Ninth Circuit ruled in a split decision, rejecting as "absurd" the automaker's argument that the terms of the vehicles' subscription-based wireless service waived a driver's right to sue over defects in the rest of the SUV.

Opinion attached | Read full article » | Save to favorites »

J&J Spinoff Can't Avoid All Of 'Oil-Free' False Ad Suit In Ill.

By Mike Curley

An Illinois federal judge won't let a Johnson & Johnson spinoff fully escape claims that it misled consumers by marketing skincare products as "oil-free," finding the plaintiff can't pursue claims for products she didn't buy and dismissing her warranty claim but allowing the rest to proceed.

Order attached | Read full article » | Save to favorites »

Elon Musk Slams Twitter Stock Verdict Over Jury's $4.20 'Joke'

By Lauren Berg

Elon Musk did not get a fair trial over claims he defrauded Twitter investors before acquiring the social media platform, the tech billionaire's lawyer told a California federal judge Thursday, saying the jury rolled a marijuana "joke" into the verdict form to mock Musk and the trial process.

Letter attached | Read full article » | Save to favorites »

Steakhouse Chain Hit With $21.2M Judgment In Tip, Wage Suit

By Benjamin Morse

A Texas federal judge entered a roughly $21.2 million judgment against a steakhouse chain and its owner in a lawsuit brought by hundreds of workers alleging unpaid wages and misappropriated tips, according to a court filing.

3 documents attached | Read full article » | Save to favorites »

2nd Circ. Reopens Mortgage-Backed Securities ERISA Suit

By Kellie Mejdrich

The Second Circuit on Thursday revived a federal benefits lawsuit against Wells Fargo and Ocwen accusing the companies of mishandling home loans tied to a union pension fund's investments, overturning a lower court ruling that handed the bank and loan servicing companies a pretrial win in the proposed class action.

Opinion attached | Read full article » | Save to favorites »

NC Court Denies Collective Bid In Wage Row, For Now

By Benjamin Morse

Employees alleging a property management company stiffed them on overtime wages cannot proceed as a collective for now, a North Carolina federal judge has ruled, finding that the current record is insufficient to determine whether they are similarly situated.

3 documents attached | Read full article » | Save to favorites »

Hand Sanitizer Co. Board, Execs Can't Slip ESOP Fight

By Patrick Hoff

Executives and former board members at a hand sanitizer company must face a lawsuit claiming they helped facilitate an employee stock ownership plan's $398 million purchase of overvalued company stock, with an Illinois federal judge ruling that workers adequately alleged the executives had neglected their responsibilities.

Order attached | Read full article » | Save to favorites »

Workers In Race Bias Suit Say JBS, Subsidiary Shared Control

By Ganesh Setty

Haitian nationals accusing meatpacking giant JBS USA Food Co. and a subsidiary of race-based discrimination and numerous labor violations have told a Colorado federal court their lawsuit should survive JBS' dismissal bid, arguing that they've sufficiently established an employer relationship with both.

2 documents attached | Read full article » | Save to favorites »

Choice Hotels, Franchisee Seek Dismissal Of Wage Suit

By Benjamin Morse

Choice Hotels and a hotel operator have urged a federal judge in Washington state to toss a collective and class action alleging workers were denied breaks and sick leave, arguing the complaint failed to show the hospitality giant was actually the workers' employer and improperly included claims beyond the court's jurisdiction.

Motion attached | Read full article » | Save to favorites »

Conn. Sushi Chef Seeks Sanctions Over Deposition Spectator

By Brian Steele

A sushi chef suing a Connecticut restaurant on claims of wage-and-hour violations wants the defendant sanctioned for allowing a nonparty, who is the defendant in a separate but similar lawsuit, to attend a Jan. 19 deposition, allegedly in an attempt to gain a litigation advantage.

2 documents attached | Read full article » | Save to favorites »

Fintech Firm Beats Investor Suit Over Noncompliance Risks

By Sydney Price

China-based online brokerage firm operator UP Fintech Holding Ltd. has escaped a proposed class action accusing it of misleading investors by concealing risks associated with its noncompliance with New Zealand and Chinese securities laws after a New York federal judge found the company's statements to be full and justified.

Order attached | Read full article » | Save to favorites »

Liquor Co. Beats Investor Suit Over Post-COVID Biz Downturn

By Emilie Ruscoe

Liquor company MGP Ingredients Inc. no longer faces investor claims it concealed ballooning inventory after demand for booze dropped following the COVID-19 pandemic, as a Kansas federal judge found the shareholders failed to show the company intentionally misled the markets.

Order attached | Read full article » | Save to favorites »

Elanco Beats Investor Suit Over Dog Drug's Reg Challenges

By Katryna Perera

A Maryland federal judge Thursday dismissed a proposed securities class action against Elanco Animal Health Inc. that claimed the animal pharmaceuticals company misled investors about the safety of a canine dermatitis treatment it was developing and its timeline for the medication's commercial launch.

Order attached | Read full article » | Save to favorites »

DOJ Takes Issue With Tyson Args In Turkey Price-Fixing Fight

By Rae Ann Varona

The U.S. Department of Justice has urged an Illinois federal court not to take up Tyson Foods' application of a Fourth Circuit decision in the turkey processor's bid to defeat consolidated antitrust litigation against poultry producers, saying the out-of-circuit decision conflicts with U.S. Supreme Court precedent.

Statement attached | Read full article » | Save to favorites »

Stanley Mug-Maker Beats Most Lid Recall Claims, For Now

By Ben Adlin

A Seattle federal judge dumped the bulk of a proposed consumer class action accusing the company behind Stanley mugs of selling defective lids that can leak hot liquids, ruling plaintiffs in the case failed to establish that the business had advance knowledge of the alleged defects.

Order attached | Read full article » | Save to favorites »

3rd Circ. Sends Harriet Carter Wiretapping Case To Pa. Court

By P.J. D'Annunzio

The Third Circuit on Thursday said the federal courts lacked jurisdiction to hear a case alleging that Harriet Carter Gifts and a third-party company violated consumers' privacy rights under Pennsylvania wiretapping law by collecting their website browsing data, ordering the lower court to remand the case to state court.

Opinion attached | Read full article » | Save to favorites »

NC Suit Says Real Estate Co. Cyberattack Notice Took Months

By Nate Beck

A real estate company faces a purported class action in North Carolina's Business Court accusing the firm of waiting months to notify its customers of a data breach in September and failing to disclose what kind of information was stolen.

Complaint attached | Read full article » | Save to favorites »

Acxiom Beats Consumers' Suit Over Data Sales, For Good

By Gina Kim

A Virginia federal judge tossed a complaint alleging data analytics company Acxiom gathers and sells individuals' personal information like their addresses, birth dates and other identifiers to its clients, ruling Wednesday the laws alleged to have been violated only protect a person's name, portrait, or picture, "not any of this other data."

Opinion attached | Read full article » | Save to favorites »

Colo. Telehealth Co. Shared Mental Health Data With Google

By Zach Dupont

A California resident alleged in Colorado federal court that a Denver-based telehealth mental health provider is providing sensitive customer data to Google without their consent in violation of federal and state privacy laws, according to a proposed class action filed Thursday.

Complaint attached | Read full article » | Save to favorites »

Imaging Practice Data Breach Class Actions Hit NC Biz Court

By Abigail Harrison

A series of putative class actions resulting from a data breach at imaging practice Triad Radiology Associates PLLC hit North Carolina Business Court this week, with a couple of the cases naming hospitals that partnered with the practice.

3 documents attached | Read full article » | Save to favorites »

Ill. Judge Tosses 'Baseless' THC Potency Suit

By Jonathan Capriel

Illinois cannabis regulators are not so "incompetent on an elementary level" as to be duped into allowing Acreage Holdings Inc. and other companies to mislabel vape products in a way that lets them skirt state-imposed THC-potency limits, a federal court ruled, tossing as "baseless" a consumer-led proposed class action.

Order attached | Read full article » | Save to favorites »

Artist Says Tech Cos. Cut Attribution From Work Used For AI

By Zak Kostro

A Los Angeles 3D artist and visual effects creator accused four tech giants of failing to protect rights on millions of works by artists and designers that were used to train large-scale generative artificial intelligence systems, according to proposed class actions filed in California and Washington federal courts Thursday.

4 documents attached | Read full article » | Save to favorites »

Waste Management Sued Over 'Noxious Odors' In New Jersey

By George Woolston

Waste Management of New Jersey was hit with a proposed class action in Garden State federal court alleging the smell emanating from one of its landfills is damaging neighboring properties.

Complaint attached | Read full article » | Save to favorites »

Fans Push For $14M Deal For Soccer Match Fiasco

By Tom Lotshaw

Soccer fans impacted when people without tickets stormed a Copa America championship match at Hard Rock Stadium in Miami Gardens two years ago asked a Florida federal judge to sign off on a settlement agreement worth up to $14 million.

Settlement attached | Read full article » | Save to favorites »

White & Case Staffer Sues Firm Over Nude Photo Ridicule

By Dorothy Atkins

A White & Case LLP staffer sued the law firm in New York state court Wednesday, alleging the firm's purported "hostile work environment" shielded his colleagues after they allegedly shared nude photos of him, which he claims were taken by his supervisor while he was unconscious at a firm-sponsored party.

4 documents attached | Read full article » | Save to favorites »

Akin Must Explain Client's 'Self-Indulgent' 9th Circ. Appeal

By Lauren Berg

Upholding a foreign arbitration award against a wine importer, the Ninth Circuit on Thursday ordered its attorneys at Akin Gump Strauss Hauer & Feld LLP to explain why they and their client shouldn't pay their opponent's attorney fees for bringing a "frivolous" and "self-indulgent" appeal.

Opinion attached | Read full article » | Save to favorites »

Troutman, Former Associate Fight Over Scope Of Bias Trial

By Emily Sawicki

Weeks ahead of an anticipated May trial over discrimination and retaliation claims brought by a former Troutman Pepper Hamilton Sanders LLP associate, the firm and its onetime employee are sparring over the scope of evidence that may be presented at trial.

2 documents attached | Read full article » | Save to favorites »

Maduro Judge Hints US Should Reconsider Legal Fee Refusal

By Pete Brush

A Manhattan federal judge suggested Thursday that the Trump administration should revisit its refusal to allow former Venezuelan President Nicolás Maduro to access his country's funds to pay for his defense against narco-terrorism and trafficking charges.

4 documents attached | Read full article » | Save to favorites »

Antitrust Leaders Say Lobbyists Don't Impact Outcomes

By Matthew Perlman

The leaders of the Federal Trade Commission and U.S. Department of Justice's Antitrust Division said Thursday that companies can lobby the agencies all they want, but enforcers will still make merger and conduct decisions based on the facts and the law.

Read full article » | Save to favorites »

Bill To Give Admin More Control Over US Attys Advances

By Courtney Bublé

A Republican-led bill that would give the executive branch more authority over the installation of U.S. attorneys was advanced out of a House committee Thursday.

Bill attached | Read full article » | Save to favorites »