Class Action

  • February 10, 2025

    Xcel, Telecom Cos. Say Colo. Fire Plaintiffs Can't Opt Out Of Trial

    Xcel Energy and two telecom companies being sued over the Marshall Fire in Colorado told a state judge that hundreds of plaintiffs pushing to opt out of a common liability trial should not be able to do so, at least until expert reports are shared.

  • February 10, 2025

    AI Copyright Plaintiffs Say Google Is Raising 'Marginal issues'

    Artists and authors suing over how Google trains its artificial intelligence software say that the tech giant is disputing "marginal issues" that other tech giants facing similar copyright lawsuits over similar technology haven't brought up.

  • February 10, 2025

    Merrill Lynch Objects To New Discovery Bid In Stock Loan Suit

    Merrill Lynch told a New York federal court it should deny investors' request for supplemental transaction data in their suit alleging major banks colluded to avoid modernizing the stock loan market, arguing that the discovery period has closed, and there are no legitimate reasons to grant the "burdensome" request.

  • February 10, 2025

    Baker Hughes Obtains Toss Of Ex-Worker's 401(k) Fee Suit

    A Texas federal judge tossed an excessive recordkeeping fees suit Monday from a proposed class of Baker Hughes 401(k) plan participants, finding evidence wasn't presented to show that the plan administrator owed a fiduciary duty in regard to so-called float money.

  • February 10, 2025

    Judge Refuses To Certify '70s Rockers' Royalty Class Action

    A Tennessee federal judge on Monday denied class certification in a breach of contract lawsuit by two members of the 1970s pop-rock band Orleans, John Hall and Lance Hoppen, who accused Warner Music Group Corp. and subsidiary Elektra Entertainment of underpaying foreign digital streaming royalties.

  • February 10, 2025

    Pharma Co. Misled Investors On Depression Drug, Suit Says

    Brain disease drugmaker Neumora Therapeutics Inc. has been hit with a proposed shareholder class action alleging that the company and its initial public offering underwriters failed to disclose prior to the $250 million IPO that Neumora's clinical trial for a depression treatment was very unlikely to yield promising results.

  • February 10, 2025

    Merrill Lynch $20M Bias Deal Should Be Approved, Judge Says

    A U.S. magistrate judge has recommended granting the first green light to a $20 million settlement that will resolve discrimination and retaliation claims launched against Merrill Lynch by a proposed class of nearly 1,400 Black financial advisers who claimed they received less pay and promotions compared to their white counterparts.

  • February 10, 2025

    Apple Urges 9th Circ. Not To Revive Web App Antitrust Suit

    Apple asked the Ninth Circuit on Friday to affirm a lower court's dismissal of a case from iPhone buyers accusing it of violating antitrust law by preventing iPhones from running web-based apps, saying the suit alleges a "highly indirect and speculative" harm that's not even an antitrust injury.

  • February 10, 2025

    DraftKings Must Face Narrowed Suit Over Voided NBA Bets

    An Indiana federal judge trimmed allegations of deceptive sales Friday from a putative class action over DraftKings' decision to cancel wagers made with faulty odds on a National Basketball Association game in 2023, but said the sports betting giant must face a well-pled breach of contract claim.

  • February 10, 2025

    Pension Execs Found Liable In $2B Danish Tax Fraud Case

    A New York federal jury found Monday by "clear and convincing evidence" that Denmark's tax agency reasonably relied on the false statements made on pension plan applications that were part of a $2.1 billion tax fraud scheme by pension plan executives.

  • February 10, 2025

    Fla. Court Lets Seminoles Intervene In Gaming Ad Suit

    A Florida federal judge on Monday granted the Seminole Tribe of Florida's request to intervene in a proposed class action over allegedly misleading advertisements by gaming vendor Seminole Hard Rock Digital, which the judge found cannot adequately represent the tribe's interests.

  • February 10, 2025

    EV Biz Faraday Future Wins Chancery Toss Of Go-Public Suit

    Delaware's Court of Chancery on Monday tossed a proposed class action challenging electric vehicle maker Faraday Future's $1 billion take-public deal, saying that a stipulation in a $7.5 million settlement reached in a related case "unambiguously" precluded stockholders' claims against the California-based startup.

  • February 10, 2025

    Amazon Used App Toolkit To Harvest User Data, Suit Says

    Amazon has used Candy Crush Saga, Subway Surfers and other mobile apps as a "Trojan Horse" to ingrain secret tracking mechanisms in hundreds of millions of consumers' smartphones through a software development kit for developers, according to a new proposed class action in Seattle federal court.

  • February 10, 2025

    Apple Says Child Porn Detection Suit Can't Stand

    Victims of child sexual abuse materials can't bring a proposed class action accusing Apple of spreading the videos and images, the tech giant has told a California federal court, arguing the company is protected by Section 230 of the Communications Decency Act.

  • February 10, 2025

    Latest Ore. Fire Verdict Brings PacifiCorp Damages To $270M

    An Oregon jury held that PacifiCorp must pay $49.5 million to eight victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action to $270 million so far as more bellwether trials loom throughout 2025.

  • February 10, 2025

    Harassment Suit Against Fox Sports, Hosts Sent To Fed. Court

    The lawsuit accusing Fox Sports executives and on-air hosts of sexual harassment and creating a toxic workplace environment has been moved from California state court to federal court, where the two sides were told to attempt alternative dispute resolution.

  • February 10, 2025

    Home Generator Maker Beats Suit Over COVID Sales Bust

    Power generator maker Generac Holdings Inc. and its top brass have beaten for now a proposed shareholder class action over Generac's alleged failure to keep up with a surge in business during the COVID-19 pandemic, with a Wisconsin federal judge saying, "misfortune does not necessarily equate with fraud."

  • February 10, 2025

    Harvard Immunity For Body Part Thefts 'Gnaws' At Justice

    A judge on Massachusetts' highest court said Monday it's "problematic" that a state law could shield Harvard Medical School from liability in a suit by family members of people whose remains were allegedly sold off in parts by a rogue mortician.

  • February 10, 2025

    Wash. Justices Won't Review Workers' $3.3M Meal Break Win

    A class of hospital workers can keep a $3.3 million award in a closely watched case over uncompensated meal breaks, after the Washington Supreme Court decided it won't take on a hospital's bid to overturn a lower state appellate court's ruling that rejected the argument that the workers had already been paid.

  • February 10, 2025

    NJ Hospital Hit With Class Claims Over Retirement Plan Fees

    A New Jersey health system has been accused of mismanaging its employees' retirement funds, according to a proposed class action filed by one of its employees in Garden State federal court.

  • February 10, 2025

    Tesla Seeks Chancery Toss Of Challenge Over Texas Move

    Delaware's chancellor said Monday she would issue a "short" letter reply to calls for dismissal of a stockholder claim that Tesla Inc. failed to secure a required supermajority vote to move its charter to Texas, following arguments that the court recently approved a simple majority vote in a similar case.

  • February 10, 2025

    Kratom Co. Says False Ad Addiction Suit Falls Short

    The company behind Kryptic Kratom and K-Chill branded supplements is urging a California federal court to throw out a suit alleging it concealed kratom's addictive qualities from consumers, saying the complaint fails to shore up its claims with factual allegations.

  • February 10, 2025

    Bird Shelter Settles 2nd Nuisance Calls Suit With UnitedHealth

    UnitedHealth Group Inc. has settled a proposed class action brought by a North Carolina bird refuge over nuisance calls the health insurer allegedly made to consumers even after it demanded the calls stop, according to a court order pausing the case.

  • February 10, 2025

    Little Caesars Cheated Workers Out Of OT, Suit Claims

    Pizza chain Little Caesars didn't pay workers for the time they spent responding to texts and phone calls outside their scheduled shifts, a former co-manager said in a proposed class and collective action filed in Michigan federal court on Monday.

  • February 10, 2025

    Verizon Escapes Workers' Suit Over Lead-Covered Cables

    A Pennsylvania federal judge threw out a lawsuit filed on behalf of utility workers alleging Verizon endangered them by failing to properly dispose of lead-covered cables on telephone poles, ruling that allegations of suffering common ailments were not enough to support a class action.

Expert Analysis

  • What Justices' FLSA Ruling Means For 2-Step Collective Cert.

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.

  • How Cos. Can Use Data Clean Rooms To Address Privacy

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    Implementing comprehensive administrative controls, security processes and vendor management systems are vital steps for businesses leveraging data clean rooms for privacy compliance, especially given the Federal Trade Commission's warnings of complicated user privacy implications, say attorneys at Troutman.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • The Post-Macquarie Securities Fraud-By-Omission Landscape

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    While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • Managing Transatlantic Antitrust Investigations And Litigation

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    As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Justices Likely To Stay In ERISA's Bounds On Pleadings

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    The arguments in Cunningham v. Cornell showed the U.S. Supreme Court's willingness to resolve a circuit split regarding Employee Retirement Income Security Act pleading standards by staying within ERISA's confines, while instructing courts regarding what must be pled to survive a motion to dismiss, says Ryan Curtis at Fennemore Craig.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • High Court Could Further Limit Deference With TCPA Fax Case

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    The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.

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