Class Action

  • July 09, 2024

    Healthcare Cases To Watch: A 2024 Midyear Report

    Courts across the U.S. this year will oversee key cases to the healthcare industry, from multidistrict litigation over the Change Healthcare hack to a challenge of a state gender-affirming care ban at the Supreme Court. Here are the healthcare cases to watch in the second half of 2024.

  • July 09, 2024

    Cannabis Co. Stiiizy Should Face Delta-8 Suit, Court Told

    A California purveyor of delta-8-infused vapes shouldn't be allowed to escape consumer claims that its products contain levels of THC above the legal limits, the plaintiffs behind a proposed class action have argued, saying the company has attempted to do too much business in Illinois to evade personal jurisdiction.

  • July 09, 2024

    Chiquita Says $38M Verdict Must Be Reduced

    Chiquita said Monday that the $38.3 million verdict won by the families of victims of Colombian right-wing paramilitaries that were funded by the banana grower should be reduced because the damages awarded far exceed the caps on non-economic damages in Colombian law.

  • July 09, 2024

    Bigelow's 'Manufactured In USA' Label Not Judge's Cup Of Tea

    A California federal judge held Monday that Bigelow's labels on tea products stating "Manufactured in the USA" are literally false, handing a partial victory to a certified class of tea buyers, leaving only the issues of damages and Bigelow's state of mind when making the statement to a jury. 

  • July 09, 2024

    1st Circ. Revives Debt Harass Claims Against National Grid

    The First Circuit on Tuesday revived a proposed class action against National Grid USA Service Company Inc. and two debt collection firms whose multiple calls per day to a Massachusetts customer in 2017 and 2018 allegedly violated the state's consumer protection law.

  • July 09, 2024

    Fintech Firm Ingo Sued For Data Breach Disclosure Lag

    Fintech deposit underwriter Ingo Money Inc. faces a proposed class action alleging it waited seven months to notify consumers that it had been successfully targeted by hackers, during which time a "gold mine" of personal information was purportedly in the hands of unauthorized parties.

  • July 09, 2024

    9th Circ. Lets Librarian's Suit Against Dun & Bradstreet Go On

    The Ninth Circuit has backed a California federal court's decision not to throw out a suit claiming Dun & Bradstreet Holdings sold personal information of individuals without consent, saying the proposed class action can move forward.

  • July 09, 2024

    NYC Defends Policy Of Shuttering Unlicensed Pot Stores

    New York City defended its policy of padlocking stores selling marijuana without a license, saying the stores represent a threat to public health, and it urged a federal judge in Manhattan to reject an injunction sought by more than two dozen targeted retailers.

  • July 09, 2024

    North Carolina PFAS Plaintiffs Want Cost Study To Stay Public

    A class of North Carolina residents who allege Chemours Co. and DuPont discharged wastewater containing so-called forever chemicals into the Cape Fear River is urging a federal judge not to strike and seal their expert's damages report, saying it contains no confidential information that needs to be protected.

  • July 09, 2024

    2 Cooperators In Bankman-Fried Case To Be Sentenced In Fall

    Two former FTX executives who pled guilty and testified for the government at the trial of Sam Bankman-Fried, the collapsed cryptocurrency exchange's founder, will be sentenced this fall, a New York federal judge said Tuesday.

  • July 09, 2024

    Baby Bottle Makers Sued Over Claims Products Are 'BPA Free'

    Philips North America and baby product maker Mayborn USA sell baby bottles that contain "considerable amounts of harmful microplastics" despite being advertised as free of the potentially harmful plastic chemical BPA, according to a pair of suits filed in Massachusetts and Connecticut federal courts.

  • July 09, 2024

    Chicken Buyers' Cost-Saving Deal With Producers Approved

    An Illinois federal judge granted final approval Tuesday to settlements direct chicken buyers struck with producers that beat their price-fixing claims at summary judgment or trial, saving them about $1 million in costs they could have otherwise owed the companies.

  • July 09, 2024

    Amazon Judge Offers To Quit COVID Pay Case

    A Colorado federal judge urged Amazon and workers suing the company over unpaid COVID-19 screenings to file briefs on whether he should recuse himself from the case, disclosing that his son works for what he believes is an Amazon affiliate.

  • July 09, 2024

    House Dems Seek Info From DOI Over Alleged Shale Cartel

    House Democrats sitting on the House Natural Resources Committee penned a letter Tuesday seeking information from the U.S. Department of the Interior concerning eight oil companies accused of colluding with the Organization of Petroleum Exporting Companies to artificially inflate gas prices.

  • July 09, 2024

    Ex-Uber Driver Urges 9th Circ. To Rehear Race Bias Suit

    An Asian former Uber driver is asking the Ninth Circuit to overturn a panel's June ruling finding he failed to support his allegations that the ride-hailing giant's rating system is racially biased, saying the court held him to too high of a standard.

  • July 09, 2024

    $2.4 Million Crate & Barrel BIPA Deal Gets Final OK

    A Cook County judge on Tuesday gave his final signoff to a $2.4 million deal ending litigation accusing Crate & Barrel of violating Illinois' biometric privacy law by requiring employees at its stores to scan their fingerprints to track their time worked without first securing their written, informed permission.

  • July 09, 2024

    Chancery OKs $22M Golden Nugget Deal, Trims Fee To $4M

    Former stockholders of Golden Nugget Online Gaming Inc. who challenged the venture's $1.56 billion all-stock sale in May 2022 to DraftKings Inc. got approval Tuesday to settle their Delaware Chancery Court class action for $22 million cash, with $4 million of it going to class attorneys.

  • July 08, 2024

    Shopify Privacy Ruling Threatens AGs' Work, 9th Circ. Told

    Attorneys general from 30 states and the District of Columbia, along with a trio of California city attorneys, are calling on the Ninth Circuit to revive a proposed class action accusing payment processing company Shopify of collecting shoppers' sensitive information without permission, arguing that the dispute threatens to deprive them of their ability to enforce their states' consumer protection laws. 

  • July 08, 2024

    Holland & Hart Dodges Deposition Order In Discovery Spat

    A Washington federal judge said from the bench Monday that she would not order the deposition of High 5 Games LLC's defense team for alleged discovery misconduct in a class action accusing the company of targeting gambling addicts, ruling the depositions were not crucial to make a case for sanctions.

  • July 08, 2024

    CFPB Backs Bank In Ill. Customer's 'Schumer Box' Suit

    The Consumer Financial Protection Bureau has thrown its support behind an Illinois bank in litigation over allegedly lacking repayment disclosures in its customer credit statements, saying the regulation at issue does not apply to the plaintiff's form of credit.

  • July 08, 2024

    Albertsons Looks To Toss 'Naturally Flavored' Cereal Bar Suit

    Grocery store chain Albertsons on Monday urged a California federal judge to throw out a proposed class action alleging that it falsely labels its Signature Select cereal bars as "naturally flavored" despite their containing artificial malic acid, saying the packaging, which doesn't claim the bars are free from artificial ingredients, wouldn't mislead reasonable consumers.

  • July 08, 2024

    UnitedHealth Brass Face Investor Suit Over Merger Probe

    Executives and directors of UnitedHealth Group were hit on Monday with a shareholder derivative suit alleging they concealed that the U.S. Department of Justice reopened an antitrust investigation into the health insurance giant following its acquisition of a healthcare data company and that its brass knowingly sold more than $100 million of shares before the information was publicly revealed.

  • July 08, 2024

    Class Attys Seek 24.4M Tesla Shares For Musk Pay Suit Win

    A stockholder attorney whose team won an order voiding Tesla CEO Elon Musk's $56 billion, stock-based, 10-year compensation package in January urged Delaware's Court of Chancery on Monday to reject as "inherently wrong" the electric vehicle manufacturer's attacks on winning-side, stock-based attorney fee proposals ranging in value from $1.44 billion to more than $7 billion.

  • July 08, 2024

    Migrants Want Another Try In Martha's Vineyard Flight Suit

    Several migrants who claim they were tricked into boarding flights to Martha's Vineyard have asked a Massachusetts federal judge to let them file an amended suit in an effort to cure the jurisdictional issues that doomed the initial complaint in March.

  • July 08, 2024

    Baseless Lawsuit Rule A 'Catch-22' For Texans, 5th Circ. Told

    Those that are labeled vexatious litigants under a Texas statute meant to restrict baseless lawsuits are stuck in a "catch-22" if they seek to file legitimate litigation, a group of Texans told the Fifth Circuit on Monday.

Expert Analysis

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Parsing Controversial Del. General Corporation Law Proposals

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    In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.

  • Opinion

    It's Time To Defuse The Ticking Time Bomb Of US Landfills

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    After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • What Junk Fee Law Means For Biz In California And Beyond

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    Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • 9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense

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    The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • And Now A Word From The Panel: Watch The MDL Calendar

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    One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.

  • Opinion

    Del. Needs To Urgently Pass Post-Moelis Corporate Law Bill

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    After the Delaware Chancery Court's decision in West Palm Beach Firefighters' Pension v. Moelis sparked confusion around governance rights, recently proposed amendments to the Delaware General Corporation Law would preserve the state's predictable corporate governance system, says Lawrence Hamermesh at Widener University Delaware Law School.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

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