Class Action

  • December 09, 2023

    Google And Epic CEOs Fail To Reach Deal As Trial Nears End

    Google LLC and Epic Games Inc. told a California federal judge late Friday that Google CEO Sundar Pichai and Epic CEO Tim Sweeney failed to reach a deal after they were ordered to mid-trial settlement talks, clearing the way for closing arguments Monday in their contentious antitrust battle.

  • December 08, 2023

    Disney Must Face Class Of 9K Women Alleging Pay Disparity

    A California state judge on Friday certified a class of at least 8,900 women who say The Walt Disney Co. paid them less than their male colleagues, rejecting Disney's argument that the women failed to adequately identify "substantially similar" jobs performed by the men and women.

  • December 08, 2023

    Pa. Justices Reject Consolidation Of Future COVID Cases

    The Supreme Court of Pennsylvania on Friday held that an Allegheny County judge — one of few to rule in favor of businesses seeking insurance coverage for losses stemming from the COVID-19 pandemic — cannot consolidate all future pandemic cases against Erie Insurance Exchange in her courtroom, ruling that she exceeded her authority in doing so.

  • December 08, 2023

    Kaiser Offers $3M To End Hearing Loss Coverage Claims

    Kaiser and plaintiffs in a putative class action have filed a $3 million settlement offer in Washington federal court, in which customers alleged that the company violated the Affordable Care Act's nondiscrimination rule by excluding coverage for items related to hearing loss.

  • December 08, 2023

    Procter & Gamble Sold Metamucil Containing Lead, Suit Says

    The Procter & Gamble Co. has been hit with a proposed class action in New York federal court alleging it falsely claims its Metamucil fiber supplement is healthy when it contains dangerous amounts of lead and added sugar.

  • December 08, 2023

    Estee Lauder Inflated Growth Potential, Investor Suit Says

    Cosmetics company Estee Lauder and two of its executives face an investor's proposed class action alleging the company announced unrealistic expectations for growth amid ongoing impact to its business from the COVID-19 pandemic.

  • December 08, 2023

    Workers Want Win On Shell 401(k) Mismanagement Claim

    Current and former employees urged a Texas federal judge Friday to award them a win on one of their claims against Shell Oil Co. in their suit alleging the energy giant mismanaged their 401(k) plan, arguing there are no remaining disputes on the issue to resolve at trial.

  • December 08, 2023

    Binance Investors Want To Depose Ex-CEO 'Before He Flees'

    The investors suing cryptocurrency exchange Binance over money laundering and securities law violations have asked to depose its former CEO Changpeng Zhao as he awaits a February sentencing connected to his guilty plea in a related criminal case.

  • December 08, 2023

    JPML Moves Actions On Ineffective Decongestants To NY

    The U.S. Judicial Panel on Multidistrict Litigation has consolidated 10 suits accusing companies of making and selling over-the-counter cough and cold medicine that doesn't do anything, sending them to the Eastern District of New York and signaling that many more could follow.

  • December 08, 2023

    Pregnant Woman Proposes Class Suit Against Ky. Abortion Bans

    A woman who's eight weeks pregnant challenged Kentucky's abortion bans in state court Friday, alleging the restrictions violate her privacy and self-determination rights under the state constitution.

  • December 08, 2023

    Siemens Says OT Suit Wrongly Booted From Fed Court

    An attorney for Siemens Industry Inc. told the Ninth Circuit on Friday that a district judge erred in tossing a proposed overtime class action from federal court, allowing current and former employees to pursue their claims against the industrial manufacturing giant in state court.

  • December 08, 2023

    Nikola Investors Fight Call For Del. SPAC Fraud Suit Toss

    Five attorney teams pressed Friday for dismissal of most of the derivative claims in a Delaware Court of Chancery stockholder lawsuit seeking damages from Nikola Corp., its directors, officers and an adviser in the wake of the hydrogen- and battery-powered truck manufacturer's fraud-tainted, $3.3 billion take-public deal.

  • December 08, 2023

    Northern Trust To Pay $2.5M To Exit AutoZone 401(k) Suit

    AutoZone retirement plan participants urged a Tennessee federal judge to approve a $2.5 million deal to end claims that Northern Trust shirked its duties as their 401(k)'s investment adviser, seeking to resolve their allegations against the financial services company while claims against the auto parts retailer proceed.

  • December 08, 2023

    UnitedHealth Faces $495M Suit Over Medicare Advantage Ads

    The estate of a patient accused UnitedHealth Group on Thursday of violating the law with high-pressure sales tactics that dupe vulnerable seniors into signing up for Medicare Advantage plans they don't need, generating an illegal windfall for the company.

  • December 08, 2023

    Investment Co. Says Homebuyers Shouldn't Get Third Chance

    An investment advisory company told a Michigan federal judge that a group of homebuyers should not be allowed a third chance to bring a complaint alleging multiple companies ran a national bulk homebuying program that preyed on minorities, saying they included changes to the complaint that weren't approved by the court. 

  • December 08, 2023

    Pomerantz To Lead Maui Fire Suit Against Hawaii Utility

    A California federal judge has selected Pomerantz LLP as lead counsel in a suit against Hawaiian Electric over a downturn in stock price after a deadly fire broke out on Maui, finding the party with the highest amount of money purportedly at stake could represent the class.

  • December 08, 2023

    Consumers, AIG Units Settle Hidden Travel Insurance Fee Row

    A class of travel insurance buyers and several AIG units reached an agreement over supposedly hidden fees stacked on top of insurance travel premiums, asking a California federal court to reset upcoming deadlines they say would save resources as they prepare "substantial papers" to support their settlement.

  • December 08, 2023

    RealPage Defendants Say 4th Circ. Deflates DOJ Claims

    Defendants in a class action against RealPage said the Fourth Circuit's recent decision to overturn an antitrust conviction should inform how a judge weighs a U.S. Department of Justice call to continue the price-fixing case in Tennessee federal court.

  • December 08, 2023

    Pilots Can't Toss Settlement Releases In Wage Suit

    A proposed class of pilots can't invalidate 57 settlement releases in its wage and hour lawsuit against an airline, a California federal judge has ruled, saying that while the airline could have done a better job of communicating with proposed class members, the pilots are sophisticated enough to advocate for themselves.

  • December 08, 2023

    SmileDirectClub To Wind Down After Sale Efforts Collapse

    Teledentistry company SmileDirectClub Inc. will wind down its business, attorneys for the company told a Texas bankruptcy judge Friday, after a failed going concern sale effort thwarted its Chapter 11 plans.

  • December 08, 2023

    J&J Hit With Suit Over Stelara Exclusivity

    A group of Blue Cross and Blue Shield licensees has filed a lawsuit in Virginia federal court claiming Johnson & Johnson has been trying to stifle competition in the market for the immunosuppressive drug Stelara, saying it defrauded federal patent officials.

  • December 08, 2023

    Steelmaker Says 401(k) Mismanagement Suit Not Ripe

    A steel manufacturer urged a Florida federal court to throw out a proposed class action, saying a plan participant who brought the lawsuit failed to take his claims accusing the company of mismanaging its 401(k) plan through the required administrative process before lodging his complaint.

  • December 08, 2023

    DraftKings $1K Bonus Deceived New Customers, Suit Says

    DraftKings Inc. offered a deceptive $1,000 bonus to lure customers to its betting platform that only paid out if new users dumped $5,000 into the account and wagered five times that amount over 90 days, according to a proposed class action filed Friday in Massachusetts state court.

  • December 08, 2023

    5 Recent ERISA Decisions Attorneys Should Know

    Appellate courts issued a bevy of important decisions applying federal benefits law in 2023, including a recent Second Circuit ruling in favor of Cornell University that deepened a circuit split and a Tenth Circuit finding that an Oklahoma law regulating pharmacy benefit managers was preempted. Here, Law360 looks back at five published circuit court decisions in ERISA litigation from the second half of 2023 that benefits lawyers should know.

  • December 08, 2023

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Tesla drive patent proceedings against technology company InterDigital, Genesis band members say That's (not) All in a breach of contract claim against Virgin Records, and betting giant Entain play its hand in a claim over its acquisition of BetCity last year. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • The Shifting Landscape Of Securities Class Action Fees

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    An analysis of recently settled cases shows that in addition to the settlement size, plaintiffs counsel in securities class actions appear to be rewarded for good settlement outcomes relative to a statistical prediction, with certain outcomes for the motion to dismiss and motion for class certification also affecting attorney fees awarded, says Edward Flores at NERA Economic Consulting.

  • Aviation Watch: Pilots Face Mental Health Catch-22

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    The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Opinion

    Activist Short-Sellers Are The Dark Knights Of Wall Street

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    While so-called activist short-sellers have been subject to increased scrutiny in recent years, these investors work in the shadows like Batman to expose fraud on Wall Street, often generating leads that may move regulators to take action, say attorneys at Labaton Sucharow.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Chancery's 'Unfair Deal, Fair Price' Ruling Part Of A Trend

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    The Delaware Court of Chancery's recent decision in In re: Straight Path Communications is the latest in a line of recent post-trial rulings by the court that seem to prioritize a fair price in determining damage awards — even when a transaction has been clouded by an unfair process, say attorneys at V&E.

  • An Informed Guide To Mastering Retirement Plan Forfeitures

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    When considering how to allocate departing retirement plan participants’ forfeitures, sponsors should consider recently filed lawsuits that allege Employee Retirement Income Security Act violations for using such funds to offset employer contributions, as well as proposed IRS guidance concerning how and when they must be used, says Eric Gregory at Dickinson Wright.

  • Kochava Ruling May Hint At Next Privacy Class Action Wave

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    The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.

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