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Class Action
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July 22, 2025
Chancery Tosses Derivative Suit For Pharma Lawsuit Costs
A Delaware vice chancellor tossed on Tuesday a Corcept Therapeutics Inc. stockholder suit seeking derivative recovery of millions the company paid out to regulators for "aggressive" off-label marketing and sales of its sole drug, used to treat complications of the rare disease Cushing's syndrome.
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July 22, 2025
IP Notebook: Cox Piracy Appeal, Ugliest House, Keyword Feud
The U.S. Supreme Court's decision to review Cox Communications Inc.'s appeal regarding the liability of internet service providers for their customers' music piracy has prompted defendants to request stays in separate intellectual property litigation until the question is resolved, but plaintiffs say that's no reason for delays.
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July 22, 2025
House Panel Knocks EBSA Sharing Info With Workers' Attys
House lawmakers on Tuesday criticized the U.S. Department of Labor's employee benefits subagency for sharing information from enforcement investigations with plaintiffs attorneys representing benefit plan participants, with some lawmakers calling on Congress to pass new legislation to curb the practice.
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July 22, 2025
Ex-Mich. Players Say Ohio Ruling Can't Sink $50M NIL Suit
Former University of Michigan football players have told the court the NCAA and the Big Ten Conference cannot use a similar case in Ohio to escape the players' antitrust suit accusing the defendants of monopolizing profits and depriving athletes of their fair share.
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July 22, 2025
Final OK Sought On Energy Co.'s $8.2M 401(k) Suit Deal
A class of employees who participated in a Pennsylvania energy company's retirement plan have asked a federal judge to give final approval to an $8.2 million settlement resolving claims that the employees' 401(k) plans were mismanaged.
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July 22, 2025
Old Dominion Inks $1.9M Deal To End 401(k) Fee Suit
Old Dominion Freight Line has pledged to pay $1.9 million to settle Employee Retirement Income Security Act litigation claiming the trucking company failed to keep its 401(k) plan's fees low, a group of workers requesting approval of the settlement told a North Carolina federal judge.
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July 22, 2025
Transportation Cases To Watch: Midyear Report 2025
Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.
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July 22, 2025
Fiat Chrysler Denies Misleading Court Over Settlement Delays
Fiat Chrysler told a Michigan federal judge on Monday that changes to management and internal procedures are in part to blame for the continued delay in submitting documents to finalize a deal resolving allegations that the automaker sold vehicles with engines prone to catching fire, urging the court not to sanction the company.
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July 22, 2025
Former Detroit Tigers Employee Drops Overtime Suit
A former Detroit Tigers employee agreed to end his suit in Michigan federal court claiming that the Major League Baseball team left shift premiums and bonuses out of employees' regular rates when it calculated their overtime.
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July 21, 2025
Aimmune Investors' $27.5M Deal In Nestle Suit Gets Final OK
Investors in biopharmaceutical company Aimmune Therapeutics Inc. have gotten final approval for their $27.5 million deal resolving claims the company was falsely undervalued before its merger with Nestlé Health Science SA.
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July 21, 2025
Neogen Faces Investor Suit Over 3M Integration Challenges
Food and animal safety company Neogen Corp. and two of its executives face a proposed investor class action alleging they kept shareholders in the dark about integration struggles after a merger with a division of manufacturing giant 3M.
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July 21, 2025
Forescout To Pay $45M To Settle Merger Disclosure Suit
Cybersecurity company Forescout has inked a $45 million deal with investors to settle claims that it deceived investors about the terms of a botched merger several years ago.
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July 21, 2025
Copyright And TM Cases To Watch In The Second Half Of 2025
The U.S. Supreme Court will evaluate contributory liability in a $1 billion copyright case involving internet service providers, and the Federal Circuit will assess the latest attempted trademark registration testing the U.S. Patent and Trademark Office's comfort with profanity. Here are the copyright and trademark cases to watch for the rest of the year.
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July 21, 2025
Not Enough Similarities To Apply DOJ Ad Tech Win: Google
Google urged a New York federal judge not to let website publishers, advertisers and others lock the company into the Justice Department's win in a separate Virginia federal court monopolization lawsuit over its advertising placement technology business, arguing the cases have key differences in facts and circuit standards.
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July 21, 2025
$10M Deal Proposed To End Gaming Co. SPAC Suit In Del.
Attorneys for online gaming company Skillz Inc. stockholders have proposed a $10 million settlement for a blank check company merger suit alleging $13.5 million in damages following a deal in December 2020 that valued the company at $3.5 billion.
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July 21, 2025
Pay Bias Judge Guts $2.8M Fee Request, Citing Errors At Trial
A Pennsylvania federal judge sliced an attorney's requested $2.8 million fee award for a pay-discrimination case against a school district Monday, blaming the plaintiff's counsel for errors during the two trials it took to reach a verdict.
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July 21, 2025
Sens. Float Bill To Protect Against AI Data Piracy
Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.
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July 21, 2025
Walgreens Accused Of Failing To Provide Meal, Rest Breaks
Walgreens flouted Washington state law and Seattle's wage theft ordinance by failing to provide employees with meal and rest breaks and then automatically deducting time for breaks that workers never took, a former pharmacy employee said in a proposed class action in federal court.
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July 21, 2025
Concertgoers Narrow Live Nation Antitrust Claims
Consumers accusing Live Nation of monopolizing the live entertainment industry are dropping their allegations about high prices in the resale ticketing market to focus on prices for the initial sale of tickets in the primary market.
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July 21, 2025
Ex-Kellogg Worker Fights To Keep 401(k) Fee Suit Alive
A former Kellogg employee urged a Michigan federal court to reject the company's attempt to dismiss a proposed class action alleging the food manufacturer lost its workers millions of dollars in retirement savings because of excessive recordkeeping fees under the Employee Retirement Income Security Act.
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July 21, 2025
How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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July 21, 2025
Amazon, Amplio Can Arbitrate Drivers' OT Suit, Judge Says
Amazon and Amplio can arbitrate a proposed wage-and-hour class action filed by two former delivery drivers, a California federal judge said Friday, finding the state law barring employers from requiring workers to waive rights for labor code violations as a job condition doesn't preclude the companies from enforcing arbitration agreements.Â
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July 21, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.
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July 21, 2025
HealthOne Faces Class Action From Nurses Over Missed Breaks
A group of nurses filed a proposed class action in Colorado state court Friday claiming that HealthOne violated state employment laws by failing to ensure employees took 30-minute meal breaks during their shifts.
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July 21, 2025
Aetna's Price-Fixing Suit 'Like Forum Shopping,' Judge Says
Aetna Inc.'s lawsuit alleging 23 pharmaceutical companies fixed prices for generic drugs seems like an attempt to work around a pause in similar Pennsylvania litigation, a Connecticut state judge said Monday, appearing sympathetic to the defendants' argument for dismissal or a stay.
Expert Analysis
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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How Dfinity Timeliness Ruling Can Aid Crypto Issuers
A California federal court's recent dismissal of a class action against Dfinity, holding that the claims were time-barred by the Securities Act's three-year statute of repose, provides a useful defense for cryptocurrency issuers, which often solicit investments years before minting and distributing the associated tokens, say attorneys at Paul Weiss.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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What Calif. Appeals Split Means For Litigating PAGA Claims
After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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When Rule 12 Motions Against Class Allegations Succeed
Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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5 Insurance Claims That Could Emerge After NCAA Settlement
Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.