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Class Action
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May 21, 2025
Energy Co. Beats Retiree's Suit Over Pension Calculations
A Florida federal judge tossed a retiree's suit claiming an energy company violated federal benefits law by failing to warn pension plan members that rising interest rates would reduce their lump sum payments, ruling the ex-worker is improperly asking the business to act as an advisor, not a fiduciary.
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May 21, 2025
Court Approves $32.5M Symetra Settlement For Overcharging
A Washington federal court has given final approval for a $32.5 million settlement resolving claims between Symetra and life insurance policyholders who claimed the company used undisclosed factors to overcharge them.
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May 21, 2025
Distributor Can't Duck Revised Crab Price-Fixing Suit
A California federal magistrate judge added Ocean King Fish Inc. to a list of more than a dozen distributors that must face a proposed class action from crabbers alleging a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.
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May 21, 2025
Walgreens Ducks False Ad Suit Over Mucus Relief Meds
An Illinois federal judge on Tuesday dismissed a potential class action accusing Walgreens of misleading customers by selling them over-the-counter mucus relief medicine containing benzene without warning them of that risk, saying the claims are preempted by a federal drug safety law.
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May 21, 2025
Food Distribution Co. Must Face Tobacco Surcharge Suit
Food distributor Performance Food Group must face a proposed class action claiming it unlawfully overcharged tobacco users hundreds of dollars for health benefits, with a Virginia federal judge ruling workers sufficiently alleged the company breached its responsibilities under federal benefits law.
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May 21, 2025
Gov't Violated Court Order With Removals, Judge Says
A Massachusetts federal judge on Wednesday found that the government violated his order requiring due process protections for individuals facing removal to countries where they have no ties and may face harm, after a group of migrants were put on a plane bound for war-torn South Sudan with just hours' notice.
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May 20, 2025
'Not A Denny's': 5th Circ. Judge Chides High Court Stopwatch
The Fifth Circuit on Tuesday expedited a case brought by Venezuelans who are accused of being gang members and who are challenging the use of a 1798 wartime law to deport them to an El Salvador prison, with one judge chastising the U.S. Supreme Court's majority for allowing the appeal to move forward.
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May 20, 2025
Flo Users Get Class Cert. In Google, Meta Data-Sharing Suit
A California federal judge has granted class status to users of the menstrual cycle tracking app developed by Flo Health Inc. in a suit accusing the company of unlawfully sharing their personal health information with Google and Meta, finding that the defendants' opposition to this move lacked clarity and support.
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May 20, 2025
Cigna Accused Of Mismanaging Retirement Plan Funds
Cigna has been unlawfully putting its own interests above those of a 401(k) plan's participants by using forfeited plan funds to reduce company contributions, despite experiencing "significant financial performance," a putative class action filed Tuesday in Pennsylvania federal court alleges.
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May 20, 2025
19-Year-Old Mass. Student Admits To PowerSchool Hacking
A 19-year-old student at Assumption University in Worcester, Massachusetts, has pled guilty to hacking into the networks of two companies, including education software and cloud storage company PowerSchool Group LLC, and extorting them for ransoms, the U.S. Department of Justice announced Tuesday.
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May 20, 2025
Prudential Investors Seek OK Of $10M Derivative Settlement
Shareholders of Prudential Financial have asked for final approval for a $10 million deal ending derivative claims that the company concealed that it would need to revise its cost expectations for certain life insurance policies it had acquired.
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May 20, 2025
Judge Questions Bank's Role In Jail Debit Card Fee Dispute
A federal magistrate judge in Washington state signaled Tuesday she might advance a debit card fee class action against a Missouri bank to trial, suggesting there's still a factual dispute as to whether the prepaid cards were forced on people trying to regain access to their money after being released from correctional facilities.Â
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May 20, 2025
Cancer Drug Co. Beats Investor Suit Over FDA Rejection
Cancer drug company Checkpoint Therapeutics Inc. has permanently escaped a shareholder suit alleging it understated the likelihood the U.S. Food and Drug Administration would refuse approving Checkpoint's lead product candidate, with a New York federal judge ruling company statements were not shown to be false or made with scienter.
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May 20, 2025
5 Ohio Cities Say Hyundai, Kia Negligence Claims Still In Play
Five Ohio cities have told a California federal judge that Hyundai and Kia cannot try to circumvent the Ninth Circuit and scuttle negligence claims in consolidated litigation alleging the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave.
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May 20, 2025
Tech Co. AppLovin's Brass Face 'Shadow Downloads' Claims
Executives and directors of technology company AppLovin face a shareholder derivative suit alleging they breached their fiduciary duties after the company allegedly inflated its download numbers, a key performance metric, by means of manipulative practices.
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May 20, 2025
Ill. Judge Won't Toss Cannabis Payment Venture Dispute
An Illinois federal judge refused on Tuesday to toss out a shareholder's derivative lawsuit alleging his business partner usurped an opportunity to provide payment services to cannabis giant Cresco Labs, rejecting the other 50% shareholder's argument that the court lacked diversity jurisdiction in the case.
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May 20, 2025
Keurig Says Google Ruling Doesn't Back Antitrust Claims
Keurig coffee pod buyers who have accused the company of anticompetitive behavior mischaracterized a recent court ruling in an antitrust case against Google to make their own case look better, the company has told the New York federal court overseeing the long-running litigation.
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May 20, 2025
Medical Supply Co. Faces Ga. Suit Over Unwanted Texts
A Florida-based medical supply company has been hit with a proposed Telephone Consumer Protection Act class action in Georgia federal court by a man who says he received several promotional text messages from the company after he added himself to the National Do Not Call Registry.
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May 20, 2025
Elf Beauty Brass Face Investor Suit Over Declining Demand
Executives and directors of cosmetics company e.l.f. Beauty were hit with a shareholder derivative suit accusing them of concealing declining consumer demand, which led to a 55% decline in stock value as information regarding waning revenues and increasing inventory emerged.
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May 20, 2025
4th Circ. Won't Revive Md. Retirees' Drug Benefits Case
The Fourth Circuit backed Maryland's defeat of a proposed class action alleging it broke promises made to retirees when it transitioned their prescription drug benefits to Medicare Part D, saying Tuesday that a lower court was right to toss the case.
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May 20, 2025
BofA Class In Out-Of-Network ATM Fee Fight Narrowed
A California federal judge tweaked the definition of a class of account holders suing Bank of America over out-of-network fees for balance inquiries at certain ATMs, agreeing to exclude certain members from the class but largely rejecting the bank's qualms with the class certification.
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May 20, 2025
Nextdoor Beats Investor Suit Over Post-SPAC Profitability
A California federal judge has tossed a shareholder class action that alleges hyperlocal social networking service Nextdoor Holdings Inc. misled investors about its projected profitability when combining with a special purpose acquisition company, saying the suit's plaintiff never owned or sold the company's securities before the merger, among other things.Â
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May 20, 2025
J&J Workers Reassert Drug Costs Resulted In Concrete Harm
Johnson & Johnson workers are urging a New Jersey federal court to maintain their proposed class claims that the company botched the management of prescription drug costs in its employee healthcare plan by allowing excessive pharmacy costs, asserting that company mismanagement resulted in concrete harm.
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May 20, 2025
Meta Asks To Toss Claim That Illegal Tool Scraped Tax Info
Meta's tracking tool did not violate state privacy law, the company argued, urging a California federal court to toss a claim calling the tool an unauthorized recording device that collected sensitive information from tax filing websites H&R Block, TaxAct and Tax Slayer.
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May 20, 2025
The Alien Enemies Act Cases: A Roundup
Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.
Expert Analysis
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Alien Enemies Act Case Could Reshape Executive Power
President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.