Class Action

  • February 21, 2024

    Del. Suit Accuses Healthcare Data Co. Exec Of Insider Trading

    A stockholder launched a derivative lawsuit late Wednesday in Delaware's Court of Chancery, alleging the founder of a behavioral healthcare data firm traded company shares using insider information and that nearly a dozen current and former directors and officers provided false and misleading disclosures about the business.

  • February 21, 2024

    Restaurant Software Co.'s $9M Investor Deal Gets 1st OK

    Shareholders in restaurant digital commerce software company Olo Inc. have received an initial green light for a $9 million deal to settle class action claims the company touted a soon-to-end partnership with fast-food chain Subway as an example of its success.

  • February 21, 2024

    GM Bolt Buyers' Attys Blasted For 'Wasting' Judge's Time

    A California federal judge on Wednesday scolded lawyers who filed about 150 "cookie cutter" lawsuits alleging General Motors knowingly sold Chevrolet Bolt electric vehicles with defective batteries, asking why they shouldn't be sanctioned for "wasting" court time as claims for some model years will have to be withdrawn.

  • February 21, 2024

    Chase Bank's Returned Check Fee Is Unlawful, Suit Says

    JPMorgan Chase & Co. has been hit with a proposed class action accusing it of imposing predatory fees on customers who attempted to deposit invalid checks, saying there is no way some check recipients could have reasonably predicted their checks would bounce.

  • February 21, 2024

    TD Bank Customers Seek OK On $32.2M Overdraft Fee Deal

    A class of TD Bank customers asked a New Jersey federal judge Wednesday for her preliminary approval of a $21.97 million deal over allegedly improper overdraft fees in debit card transactions, plus $10.25 million in reductions to outstanding balances for accounts that were closed with amounts due to the bank.

  • February 21, 2024

    NYC Lawmakers Ask To Join Housing Voucher Suit

    New York City Council asked a state court on Wednesday to let it intervene on the side of a proposed class of New Yorkers suing the city to make it implement laws that aim to expand a housing voucher program.

  • February 21, 2024

    Google Judge Slams Lack Of User Choice, Mulls Privacy Cert.

    A California federal judge on Wednesday appeared open to certifying a class of potentially tens of millions of Google account holders alleging Google's ad auction practices violate privacy rights, doubting that users consented to data-sharing if they couldn't opt out and telling Google's counsel, "there's no transparency and there's no choice."

  • February 21, 2024

    Gov't Says Camp Lejeune Litigants Must Show Specific Cause

    The federal government has said that Camp Lejeune plaintiffs need to show that their illnesses were specifically caused by their exposure to contaminated water at the Marine base, not just that they spent 30 days at the base and have an illness that can be caused by exposure.

  • February 21, 2024

    Boeing Supplier Slams Investor Suit Over 737 Max Parts

    Spirit AeroSystems Holdings Inc. has asked a New York federal court to dump proposed class allegations that it misled investors by failing to disclose pervasive quality problems and a documented history of supplying its chief customer, Boeing, with defective plane parts.

  • February 21, 2024

    Justices Turn Away Meta Bid To End Ad Discrimination Suit

    A proposed class action accusing Facebook owner Meta of permitting discrimination in choices regarding which users could see housing ads appears headed for discovery after the U.S. Supreme Court denied the company's petition to appeal a split Ninth Circuit ruling.

  • February 21, 2024

    Talen Energy Strikes $20M Deal To End Unpaid Pensions Suit

    A group of Talen Energy Corp. retirees urged a Pennsylvania federal judge Wednesday to give the initial green light to a $20 million deal that would shutter their suit alleging the company withheld early retirement benefits from workers following a company spinoff.

  • February 21, 2024

    Lutnick, Cantor Hit With Chancery Suit Over BGC Reorg

    An investor in brokerage and financial tech firm BGC Partners Inc. whose shares were converted when it reorganized in July has filed a proposed class action in Delaware's Court of Chancery against billionaire Howard W. Lutnick and New York financial services firm Cantor Fitzgerald LP, alleging the reorganization was unfair.

  • February 21, 2024

    Auto Giants Can't Pause Neo Tech Patent MDL

    A Michigan federal judge said Tuesday he wouldn't stay multidistrict litigation by Neo Wireless alleging multiple auto companies infringed its in-vehicle cellular technology while the automakers wait for reviews of the underlying patents, saying a pause now would just delay the cases' return to their original courts.

  • February 21, 2024

    Judge Suggests EV-Maker Investor Suit Too Vague To Survive

    A Colorado federal magistrate judge has recommended the dismissal of a shareholder suit against commercial electric vehicle company Lightning eMotors, finding the shareholders failed to bring specific allegations that the company knowingly misled investors on matters like its production capacity and its business relationship with Amazon.

  • February 21, 2024

    Twitter Severance Fight Paused To Facilitate Settlement Talks

    X Corp., the social media entity formerly known as Twitter, and a group of ex-employees have paused their dispute over severance compensation, as a Delaware federal court signed off Wednesday on a proposal to stay litigation deadlines pending settlement talks.

  • February 21, 2024

    9th Circ. Affirms $90M Facebook Privacy Deal Over Objections

    A Ninth Circuit panel affirmed a $90 million class settlement on Wednesday to resolve allegations that Facebook illegally tracked logged-out users' browsing activity, calling two objectors' suggestion that the company faced $1.24 trillion in statutory damages "an unreasonable baseline that would violate due process."

  • February 21, 2024

    CoStar, Hotel Giants Accused Of Data-Driven Price-Fixing

    Hilton, Hyatt and other big name hotel operators are the target of a proposed class action alleging they colluded with hospitality industry analytics firm CoStar Group Inc. to fix prices in luxury hotel markets in Seattle and other major U.S. cities, according to a suit filed in Washington federal court.

  • February 21, 2024

    Chipotle Swaps Gift Cards For 'Worthless' Vouchers, Suit Says

    A Chipotle customer hit the fast-food chain with a proposed class action in California federal court Tuesday, alleging the company is unjustly making hundreds of thousands of dollars by refusing to refund orders made with gift cards and instead offering disgruntled customers vouchers so limited that they're effectively "worthless."

  • February 21, 2024

    Actelion Cites FDA Safety Rules Against Tracleer Antitrust Suit

    Actelion Pharmaceuticals Ltd. said federal rules controlling distribution of potentially dangerous drugs spare it from antitrust litigation over its hypertension drug Tracleer, arguing it was required to deny needed samples to would-be generic competitors until they presented the right certification of safeguards.

  • February 21, 2024

    Tesla, Musk Say Investors' Self-Driving Fraud Suit Is Doomed

    Attorneys for electric-car maker Tesla and its owner, Elon Musk, have said a proposed class action related to claims the company and billionaire had made about the vehicles' autonomous driving abilities should be dismissed, saying most of the statements at issue were forward-looking.

  • February 21, 2024

    JPMorgan Got $400M Before Inovalon Sale, Del. Justices Hear

    Inovalon didn't properly disclose that investors that bought the healthcare data company in 2021 paid $400 million in fees to its financial adviser, a JPMorgan unit, before the transaction, a reason enough to revive a lawsuit challenging the $7.3 billion acquisition, counsel for stockholders told Delaware's Supreme Court Wednesday.

  • February 21, 2024

    Cheer Supply Antitrust Claims Axed Again For 'Court's Sanity'

    Plaintiffs in an antitrust suit against cheerleading supply company Varsity Brands will not be able to resurrect previously dismissed claims after a Tennessee federal judge again shot them down in order to preserve "the court's sanity."

  • February 21, 2024

    Conn. Court Pauses Refund Plan For Ex-Nursing Students

    Over the objections of the Connecticut attorney general, a judge has temporarily halted a state agency's plan to refund some tuition money that students paid to the now-shuttered nursing school Stone Academy, siding with a proposed class of affected students who want to avoid waiving their legal rights in order to receive the payments.

  • February 21, 2024

    MLB Wants Out Of Ex-Scouts' Colorado Age Bias

    Major League Baseball took another swing at dismissing a proposed age discrimination class action filed by several former scouts Tuesday, stressing that the vast majority of the suit has no place in Colorado federal court.

  • February 21, 2024

    3rd Circ. Kicks Data Privacy Suit Against Penn To State Court

    A proposed class action alleging that the University of Pennsylvania violated the state's privacy law must head back to state court, the Third Circuit ruled Wednesday, rejecting arguments that the university health system acted as a federal officer by operating an online patient portal.

Expert Analysis

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Retailers Must Be Mindful Of Sale Ads As Class Actions Rise

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    A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • Open Questions After Elastos Crypto Class Action Settlement

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    The recent settlement in Owen v. Elastos Foundation resolving a class action fight over whether Elastos was required to register an initial coin offering with U.S. regulators has raised several questions that may be of interest to lawyers litigating cryptocurrency-related cases, including whether a crypto token constitutes a security under U.S. law, says Bradley Simon at Schlam Stone.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • Mass Arb. Rule Changes May Be A Hindrance For Consumers

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    The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Opinion

    New Rule 702 Helps Judges Keep Bad Science Out Of Court

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    A court's recent decision to exclude dubious testimony from the plaintiffs' experts in multidistrict litigation over acetaminophen highlights the responsibility that judges have to keep questionable scientific evidence out of courtrooms, particularly under recent amendments to Federal Rule of Evidence 702, says Sherman Joyce at the American Tort Reform Association.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    Proposed Rule Could Impair MDL Flexibility, Harm Plaintiffs

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    While proposed Federal Rule of Civil Procedure 16.1 is intended to enhance the management of multidistrict litigation proceedings, its one-size-fits-all requirements could stifle the flexibility that judges need to address the varying circumstances of MDLs effectively, and jeopardize plaintiffs' ability to pursue justice, say Christopher Seeger and Jennifer Scullion at Seeger Weiss.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • What Brands Must Know For Calif. Recycle Label Compliance

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    A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.

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