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Class Action
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June 12, 2025
Admin Of $600M Norfolk Southern Derailment Deal Removed
The company administrating the payouts to plaintiffs in Norfolk Southern's $600 million settlement stemming from the fiery derailment in East Palestine, Ohio, has been replaced, because it purportedly made miscalculations that overpaid some claimants.
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June 12, 2025
Inovalon Investors' Revived Chancery Suit Moves Forward
A Delaware chancellor sent into discovery investors' claim that Inovalon didn't properly disclose that a consortium of private equity firms that bought the healthcare data company paid $400 million in fees to its financial adviser before the transaction, dismissing some claims but finding it is "reasonably conceivable" that the suit's defendants acted in bad faith.
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June 12, 2025
Navistar To Pay $450K To End Unpaid OT Suit
Commercial vehicle manufacturer Navistar Inc. will pay $450,000 to resolve a former employee's collective action accusing it of failing to incorporate bonus payments in overtime pay calculations, thus causing workers' wages to fall, a filing in Illinois federal court said.
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June 12, 2025
Greenberg Traurig Adds IP Atty From Kilpatrick In NY
Greenberg Traurig LLP has boosted its intellectual property offerings in New York with the addition of an experienced litigator from Kilpatrick Townsend & Stockton LLP.
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June 12, 2025
Redfin Investor Seeks $450K In Fees In Merger Disclosure Suit
A Redfin investor asked a Washington federal judge to award $450,000 in legal fees to Monteverde & Associates PC and Wohl & Fruchter LLP, claiming his lawsuit was beneficial to shareholders despite the court's decision to deny his preliminary injunction request to postpone an investor vote.
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June 12, 2025
Google Fights MDL Plaintiffs' Sanctions Bid Over Lost Chats
Google is pushing back on a request for sanctions that a slew of advertisers and publishers have brought in their antitrust lawsuit over the company's advertising placement technology, saying the plaintiffs have not shown Google hid evidence amid the "mountains" of electronically stored information it provided.
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June 12, 2025
United Center Vendor Sued Over Use Of Amazon Technology
A Compass Group subsidiary that provides food and beverage services to the United Center in Chicago has been sued in Illinois state court by concessions customers who claim it failed to get the informed consent required under the state's biometric privacy law before collecting their biometric information through Amazon's Just Walk Out cashierless checkout technology.
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June 12, 2025
Justices Grant Compensation Leeway To Late-Filing Vets
The U.S. Supreme Court ruled Thursday that the Barring Act's six-year statute of limitations for certain military-related claims does not apply to combat-related special compensation, a win for a proposed class of roughly 9,000 veterans who say they deserve additional pay despite filing late.
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June 11, 2025
Link Motion Investor's Suit Should Be Trimmed, Judge Says
A New York federal judge should trim some but not all common law fraud claims from an investor's lawsuit against China-based software company Link Motion Inc. over allegations its chairman fleeced the company, a magistrate judge has recommended.Â
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June 11, 2025
9th Circ. Doubts Kleenex Ad Fight Belongs In District Court
Two judges on a Ninth Circuit panel doubted Wednesday that they have jurisdictional authority to revive a putative class action alleging Kimberly-Clark Corp.'s Kleenex Wet Wipes Germ Removal products mislead consumers about its ability to kill germs, saying repeatedly that the consumers' complaint has not met their burden to establish jurisdiction.
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June 11, 2025
Acura Drivers' Attys Get $8.5M In Bluetooth Device Settlement
A California federal judge has granted final approval to a deal between a class of Acura drivers and American Honda Motor Co., settling claims over alleged defects in vehicles' Bluetooth hands-free systems and awarding class counsel $8.56 million in attorney fees — an amount reduced from the attorneys' original $10.9 million request.
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June 11, 2025
SEC Asks To Pause CAT Suit As It Weighs Audit Trail Rework
The U.S. Securities and Exchange Commission called Wednesday for the temporary suspension of a class action lawsuit accusing it of illegally collecting the private information of millions of American investors, arguing that potential changes to the way that its market surveillance tool operates could moot the case.
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June 11, 2025
Seattle Hospital Hit With Class Suit Over 'Diverted' Pain Meds
A Seattle-based hospital system has been slapped with a proposed class action in Washington state court over claims that hundreds of patients suffered unwarranted pain and risk of infection because a staff member may have been pocketing painkillers.
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June 11, 2025
Audible Can't Close Book On Audiobook Monopoly Suit
Audible must face a romance novelist's proposed class action alleging the Amazon-owned retailer monopolizes the audiobook market by trapping authors in unlawful exclusivity agreements to prevent their books from appearing on rival platforms while charging the authors supracompetitive distribution fees, a New York federal judge ruled Wednesday.
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June 11, 2025
ÃÛÌÒÊÓÆµ's Fee Brief May Be Gone But Not Forgotten, Judge Says
A Seattle federal judge has allowed the Consumer Financial Protection Bureau to pull back its Biden-era amicus support for a consumer fee class action against Nationstar Mortgage, but she said she may still take the agency's prior legal arguments into account.
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June 11, 2025
Ga. PI Firm Says 'Distasteful' Practices Aren't Court's Concern
An Atlanta personal injury firm called on the Georgia Court of Appeals Wednesday to squash a proposed class action accusing it of stealing clients from other lawyers through shady solicitation practices, arguing that whether its business model is ethical or not, it isn't grounds for litigation.
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June 11, 2025
9th Circ. Judge Doubts Apple ICloud Buyer's Storage Appeal
A Ninth Circuit judge on a panel appeared skeptical Wednesday of an Apple consumer's bid to revive a proposed class action alleging the tech giant shortchanged tens of millions of paying iCloud subscribers out of 5 gigabytes of the storage space, saying the consumer "got exactly what you were promised."
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June 11, 2025
CarLotz's $13M Investor Settlement Headed To Final Approval
A New York federal judge said Wednesday that he intends to grant final approval to a $13 million settlement between CarLotz and its investors who accused it and a special purpose acquisition company of misleading statements about CarLotz's profitability before it went public via merger.
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June 11, 2025
Lighting Co. Strikes Deal To End ESOP Management Suit
A California-based lighting company and the managers of its employee stock ownership plan agreed to resolve a proposed class action claiming they mismanaged the $25 million sale of company stock that established the plan, according to a filing in federal court.
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June 11, 2025
DC Circ. Pauses Habeas Order In Alien Enemies Act Case
The D.C. Circuit has agreed to briefly pause a lower court order requiring the Trump administration to give due process to Venezuelan immigrants deported from the U.S. to a Salvadoran prison under the Alien Enemies Act.
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June 11, 2025
PepGen Faces Investor Suit Over Muscular Dystrophy Drug
Clinical-stage biotech company PepGen Inc. has been hit with a proposed shareholder class action alleging it misled investors about the efficacy and commercial prospects of its muscular dystrophy drug, causing share price declines as investors learned of the drug's clinical trials' shortcomings.
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June 11, 2025
Children's Healthcare Nonprofit Settles Retirement Fee Suit
A Florida-based nonprofit children's healthcare network and ex-workers who alleged their employee retirement savings were dragged down by excessive fees told a Florida federal court Wednesday they'd worked out a class action settlement of the dispute after mediation.
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June 11, 2025
NFL Tells 9th Circ. $4.7B Sunday Ticket Verdict Rightly Nixed
The National Football League has told the Ninth Circuit that a lower court was right to toss a $4.7 billion jury verdict for claims that the league colluded to raise the price of the Sunday Ticket broadcast package on DirecTV, after the court found testimony from a pair of experts during trial was unreliable.
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June 11, 2025
Aetna Resolves Lipedema Patients' Coverage Class Action
Aetna has agreed to end a class action alleging it unlawfully refused to cover liposuction as a treatment for over two dozen patients afflicted with a rare chronic condition called lipedema, according to a Wednesday filing in California federal court.
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June 11, 2025
Cigna Accused Of Misusing $17M In 401(k) Forfeitures
Retirement plan participants and beneficiaries at Cigna say the company violated the Employee Retirement Income Security Act by using up to $17 million given up by participants who quit early to reduce the company's matching contributions, rather than using it to pay for the plan's administrative costs.
Expert Analysis
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ÃÛÌÒÊÓÆµ Industry Impact Uncertain Amid Priority Shift, Staff Cuts
A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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11th Circ. Ruling Warns Parties To Follow Arbitral Rules
The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.
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2nd Circ. Limits VPPA Liability, But Caveats Remain
The Second Circuit's narrowed scope of the Video Privacy Protection Act in Solomon v. Flipps Media, in which the court adopted the ordinary person standard, will help shield businesses from VPPA liability, but the decision hardly provides a free pass to streamers and digital media companies utilizing website pixels, say attorneys at Frankfurt Kurnit.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Opinion
Courts Must Revitalize Robust Claim Construction
Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.
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What Gene Findings Mean For Asbestos Mesothelioma Claims
Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.
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ESOP Ruling Clarifies Trustees' Role In 3rd-Party Sales
An Illinois federal court's dismissal of a class action related to an employee stock ownership plan in Rush v. GreatBanc demystifies the trustee's role in a sale transaction to a third party by providing commentary on the prudent process and considerations for trustees to weigh before approving a sale, says Katelyn Harrell at BCLP.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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And Now A Word From The Panel: A Rare MDL Petition Off-Day
In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny
Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.
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Using Federal Forum Provisions To Nix State Securities Cases
A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.