Class Action

  • February 03, 2025

    Kroger, Albertsons No-Poach Suit Back In Colo. Court

    A proposed class action accusing Kroger Co. and Albertsons of brokering an illegal no-poach agreement that hurt wage negotiations during a strike in Colorado is back in state court, after a grocery store worker dropped a federal court lawsuit and refiled her claims in Denver District Court.

  • February 03, 2025

    NCAA Hit With New Suits As NIL Settlement Trudges Ahead

    At least 100 current and former college athletes filed a fresh round of lawsuits against the NCAA over its compensation restrictions as critics continue to pillory a proposed $2.78 billion class action settlement aimed at quelling many of the same concerns.

  • February 03, 2025

    BofA, Merrill Lynch Say Arbitration Policy Covers Bias Suit

    Two Black financial advisers' suit accusing Bank of America and subsidiary Merrill Lynch of handing more opportunities to white men belongs in arbitration, the companies told a New York federal court, saying an arbitration policy shared with employees the day the suit was filed covers their claims.

  • February 03, 2025

    Calif. City On The Hook In Contractor Wage Fight, Panel Says

    The city of Long Beach, California, could be required to foot the bill for arbitration awards rendered against an oil company subcontractor in workers' wage lawsuits, a state appellate panel ruled, saying an arbitration decision holds as much weight as any other court order and can trigger liability for indemnity.

  • January 31, 2025

    LinkedIn Member Scraps Claims Over Use Of Data To Train AI

    A LinkedIn subscriber has dropped his recently filed proposed class action accusing the company of unlawfully sharing the sensitive contents of paid users' private messages with third parties to train generative artificial intelligence models, a practice that the company has asserted it "never did."

  • January 31, 2025

    FCA, Chamber Tell 6th Circ. GM Defect Class Has Flaws

    Fiat Chrysler, tax-exempt legal organizations and industry trade groups are urging the Sixth Circuit to undo the class certification of drivers suing General Motors over alleged transmission defects, arguing in amicus briefs that a trial court lumping the plaintiffs together "glossed over material differences in the evidence and applicable state laws."

  • January 31, 2025

    SpaceX Likely To Beat Sanctions Bid In Pay Equity Case

    A California state judge said Friday that he probably won't sanction SpaceX for supposedly missing a deadline to pay an arbitration retainer tied to a proposed class action accusing Elon Musk's aerospace company of underpaying women and minorities.

  • January 31, 2025

    Workers Score Class Cert. In Electric Parts Co. ESOP Suit

    A Massachusetts federal judge has certified a group of employees in their class action against the owners of an electrical components company and managers of its employee stock ownership plan that claims they undervalued the plan's shares when the program was shut down.

  • January 31, 2025

    Del. Justices Uphold $33M-Plus Award In Software Co. Suit

    Delaware's Supreme Court shot down on Friday a higher education software company founder's appeal from a $33 million-and-growing Court of Chancery award favoring shareholders who claimed they were kept in the dark when millions in stock purchase warrants were allowed to expire without notice.

  • January 31, 2025

    Amazon Must Give Up Docs In Consumer Class Antitrust Suits

    A Washington federal judge said Friday he would order Amazon to hand over documents it's flagged as confidential to consumers bringing a trio of proposed antitrust class actions, saying he's "suspicious" of the e-commerce giant's privilege-logging practices.

  • January 31, 2025

    Ohio Customer Sues Eligo Over 'Exorbitant' Electricity Rates

    An Ohio man hit retail energy supplier Eligo Energy LLC with a proposed class action alleging that the company fleeced him and tens of thousands of other customers through variable rates stemming from "unbridled price gouging and profiteering."

  • January 31, 2025

    6 Argument Sessions Benefits Attys Should Watch In Feb.

    The en banc Eleventh Circuit will consider whether federal anti-discrimination law bars a Georgia county health plan from refusing to cover a worker's gender-confirmation surgery while the Second Circuit will hear from an NBA referee defending his win in a pension payout case.

  • January 31, 2025

    Silicon Valley County Sues Trump Over Birthright Ban 'Chaos'

    Silicon Valley's home county of Santa Clara hit the Trump administration with a lawsuit in California federal court, joining other governments across the nation challenging President Donald Trump's executive order that seeks to strip immigrants' children of birthright citizenship and claiming the order is already creating "chaos" locally.

  • January 31, 2025

    Transcription Co. Hit With Wage Action Over Unpaid Prep Time

    A Colorado worker for Vitac Corp., which provides transcription and closed captioning services using artificial intelligence, filed a proposed collective action in federal court on Friday alleging she and other employees weren't paid for preparation tasks necessary to perform their jobs.

  • January 31, 2025

    Royal Caribbean Escapes 401(k) Mismanagement Suit

    A Florida federal judge tossed a suit Friday claiming Royal Caribbean allowed an investment manager to load its $500 million retirement plan with underperforming proprietary funds, ruling the plan participant behind the class action failed to put forward proof of objective imprudence.

  • January 31, 2025

    Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case

    A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.

  • January 31, 2025

    Judge Blocks Symetra Life Policyholders' $32.5M Deal

    A Washington federal court rejected a $32.5 million settlement bid brought by a proposed class of Symetra life insurance policyholders who accused the life insurer of using undisclosed nonmortality factors to overcharge monthly rates, noting the proposed settlement notice leaves information on the class counsel's cost reimbursement blank.

  • January 31, 2025

    Ex-Paramount Worker Says NY WARN Covers Remote Jobs

    A former Paramount employee accusing the studio of violating New York's WARN Act by laying off over 300 New York City-based workers without 90 days' notice urged a federal court to preserve his suit, saying Friday that the law covers him even though he worked remotely from California.

  • January 31, 2025

    Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe

    In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.

  • January 31, 2025

    Target Warehouse Workers Win Class Cert. In NJ Wage Suit

    A New Jersey federal judge has granted class certification to Target warehouse workers at three Garden State distribution centers alleging they were required to engage in unpaid work-related activities before and after their shifts, ruling each class member's case hinges on whether their walking time constitutes hours worked.

  • January 31, 2025

    Investors Say Walgreens Misled Over Prescription Misuse

    A putative class of Walgreens shareholders has sued the retail giant in Illinois federal court, claiming it made false statements about its regulatory compliance and that stock prices fell in the wake of the federal government's allegations that Walgreens knowingly filled millions of invalid prescriptions for opioids and other controlled substances.

  • January 31, 2025

    Chancery Pushes Air Transport SPAC Suit Toward Trial

    Stockholders who sued for damages after the take-public merger of an air taxi and medical transport company on Friday beat a dismissal motion filed by the company's principals in Delaware's Court of Chancery, sending the case to discovery and toward trial.

  • January 31, 2025

    Judge Extends Migrant Kids Detention Settlement

    A California federal judge agreed to extend for 18 months a settlement governing the federal government's custody of detained immigrant children, saying there is evidence that Customs and Border Protection has been violating the agreement.

  • January 31, 2025

    RFK Jr. Says He'll Give Stake In Merck Vaccine Case To Son

    Robert F. Kennedy Jr., President Donald Trump's pick for the nation's top healthcare position, said Friday that he would hand his financial stake in personal injury litigation against vaccine maker Merck over to an adult son.

  • January 31, 2025

    Seasoned Patterson Belknap Trial Team Joins Linklaters In NY

    Linklaters LLP announced Friday it has brought aboard a high-profile team of litigation partners from Patterson Belknap Webb & Tyler LLP, including one who is the current president of the New York City Bar Association and a lawyer former President Joe Biden had nominated to the Third Circuit.

Expert Analysis

  • And Now A Word From The Panel: Ballpark Lessons For MDLs

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    The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.

  • Takeaways From DOJ's Intervention On Pricing Algorithm Use

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    A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • 2 Cases Show DAOs May Face Increasing Legal Scrutiny

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    Two ongoing cases that recently survived motions to dismiss in California federal courts concerning Compound DAO and Lido DAO threaten to expand the potential liability for activity attributed to decentralized autonomous organizations — and to indirectly create liability for their participants, say attorneys at Cahill Gordon.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • 2nd Circ. AmTrust Decision Shows Audit Reports Still Matter

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    Though the Second Circuit eventually found on reconsidering a case over the high-profile accounting meltdown at AmTrust that audit reports are material to investors, its previous contrary holding highlights the seriousness of the ongoing crisis of confidence in the audit report, say attorneys at Bernstein Litowitz.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Nvidia Supreme Court Case May Not Make Big Splash

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    The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.

  • Defense Insights As PFAS Consumer Product Claims Rise

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    Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • How D&O Coverage Can Aid Against Increased AI Scrutiny

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    The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.

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