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Class Action
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May 27, 2025
Ex-Solar CEO Can't Arbitrate Fraud Suit Now, Judge Says
The former CEO of a defunct solar company and its financial backers waived their rights to force Michigan residents into arbitration by extensively litigating a proposed class action that accused them of deceptive sales practices and racketeering, a federal judge ruled.
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May 27, 2025
Calif. Bar Seeks More Remedies After Problematic Feb. Exam
The state bar of California has formally asked the state Supreme Court to approve measures including a limited provisional licensure program and a more direct pathway to admission for out-of-state attorneys, in the state bar's latest attempt to seek equitable remedies amid the fallout from the bungled February 2025 California bar exam.
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May 27, 2025
'I Need To Be Careful': Judge Wades Into Musk-Firm Conflict
A New York federal judge questioned his authority to weigh in on Bernstein Litowitz Berger & Grossmann LLP's hiring decisions after it sought permission to employ a former U.S. Securities and Exchange Commission attorney who Elon Musk claims could disadvantage him in a shareholder lawsuit, asking the firm and Musk to brief him on what may be an issue of first impression.
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May 27, 2025
Ex-Domino's Drivers Seek Class Cert. In Vehicle Costs Suit
A trio of former Domino's delivery drivers asked an Ohio federal judge to certify their proposed classes of current and former drivers in and outside the Buckeye State as they pursue claims that Domino's franchisee Team Pizza Inc. took them below minimum wage by shuffling vehicle costs onto workers.
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May 27, 2025
Feds Ask Justices To Lift Due Process Order For Migrants
The Trump administration on Tuesday asked the U.S. Supreme Court to halt a Massachusetts federal judge's order requiring the government to provide due process to deportees sent to countries where they have no ties, arguing that the ruling is "wreaking havoc" on the removal process.
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May 27, 2025
Ghee Butter Buyer Denied Class Cert. In 'Good Fat' Label Suit
A California federal judge has denied a bid for class certification in a suit alleging the sellers of ghee, a clarified butter, falsely claimed that it contained "good fat," saying the lead plaintiff failed to show that anyone besides her was misled by the labeling.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
9th Circ. Mulls 'Two John Smiths' In Classmates.com Class
Ninth Circuit judges Friday scrutinized a vast class of Californians whose identities were allegedly misappropriated by yearbooks platform Classmates.com, discussing ways to distinguish people with the same names and the case's implications for internet search giants — as well as how one judge's class of '62 yearbook might be a small part of the litigation.
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May 23, 2025
Sonos Pushed New App Despite Knowing Problems, Suit Says
Sonos device owners from several states have lodged a putative class action against the audio system company, telling a California federal court that Sonos forced an app redesign on owners that caused connectivity problems and removed features users had relied on.
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May 23, 2025
Cooley Beats Malpractice Claim In NJ Investor Suit, For Now
A New Jersey federal judge on Friday trimmed a securities fraud lawsuit alleging Cooley LLP and its attorneys deliberately hid from an investor fraud claims against a startup's CEO, dismissing legal malpractice allegations against Cooley and four attorneys, but keeping alive other claims and letting the plaintiff amend his suit.
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May 23, 2025
Fed. Circ. Lifts Stay Against MSN In Entresto Appeal
The Federal Circuit won't make a Delaware federal judge hold off on entering a judgment that would stop MSN Pharmaceuticals from having its generic version of Novartis' blockbuster cardiovascular drug Entresto approved, saying Friday that MSN hasn't pled its case convincingly.
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May 23, 2025
Meta, App Maker Flo Can't Escape All Of Privacy Class Action
A California federal judge ruled Thursday that Flo Health Inc. and Meta cannot escape all the claims in a class action brought by users of a menstrual cycle app who allege their privacy was violated, denying parts of both companies' summary judgment bids.Â
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May 23, 2025
Seattle Cancer Center Inks $11.5M Class Data Breach Deal
A Washington state judge has given final approval to an $11.5 million class action settlement to end litigation against Seattle-based Fred Hutchinson Cancer Center over a 2023 data breach that exposed patient information, with the judge awarding $3.8 million in attorney fees in a deal class counsel values at more than $50 million.
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May 23, 2025
Coinbase Investor Sues Over Hack Fallout, UK Fine
A Coinbase stockholder brought a proposed class action against the crypto exchange, claiming she and other investors felt the fallout after the firm suffered a headline-grabbing data breach and an earlier run-in with a U.K. regulator.
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May 23, 2025
9th Circ. Judges Grapple With Funko Investors' Fraud Claims
Ninth Circuit panelists said Friday they were "struggling" with an appeal from a group of investors in a proposed class securities fraud case against toymaker Funko, expressing skepticism that the shareholders had shown corporate leadership knowingly misrepresented the status of a software update that flopped.
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May 23, 2025
McMahon Tries To Limit Misconduct Docs In WWE Merger Suit
The former CEO of World Wrestling Entertainment Inc. has pushed back against efforts to force him to hand over documents relating to his alleged sexual misconduct and hush money payments in a class action over the company's merger with Ultimate Fighting Championship, telling the Delaware Chancery Court they are irrelevant to the shareholders' suit.
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May 23, 2025
Amazon.com Sued Over Toxic Metals Found In Rice Products
Consumers hit Amazon.com with a proposed class action in Washington federal court Friday, seeking to hold the retail giant liable for selling rice products that allegedly contain "alarmingly high" levels of toxic heavy metals.
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May 23, 2025
DC DHS Guards Forced To Work Through Breaks, Court Told
A contractor that provides guards for a U.S. Department of Homeland Security facility in Washington, D.C., forces them to take meal break pay deductions despite such breaks rarely occurring, employees said in a proposed class and collective action.
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May 23, 2025
Ex-McKinsey Exec Sentenced For Obstructing Purdue Probe
A Virginia federal judge has sentenced a disbarred attorney and former McKinsey & Co. partner to six months in prison for obstructing an investigation into the consulting giant's work with opioid manufacturer Purdue, federal prosecutors announced Friday.
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May 23, 2025
Pest Co. Seeks To Stamp Out Workers' Tobacco Fee Case
Global pest control company Rentokil urged a Pennsylvania federal court to toss a proposed class action claiming it unlawfully charged tobacco users more for health benefits without providing a reasonable way to avoid the fee, arguing it's not the company's fault the workers refused to quit the habit.
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May 23, 2025
Class Of Health Plans Certified In Avandia Marketing MDL
A Pennsylvania federal judge has certified a class of health plans in multidistrict litigation over GlaxoSmithKline's alleged deceptive marketing of the drug Avandia in which the plans claim they wouldn't have paid higher premiums for the drug if they'd known about its potential cardiovascular risks.
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May 23, 2025
9th Circ. Urged To Force ERISA 401(k) Suit Arbitration
A Los Angeles-based investment management company urged the Ninth Circuit to force individual arbitration of an ex-worker's proposed class action alleging 401(k) mismanagement, arguing a lower court incorrectly concluded an arbitration provision in employees' retirement plan wasn't enforceable because it waived statutory rights under federal benefits law.
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May 23, 2025
Musk Doubles Down After OpenAI Drops For-Profit Transition
OpenAI's decision to abandon its transition into a for-profit enterprise was not enough to appease Elon Musk, who doubled down Thursday with an amended California federal court complaint continuing to allege the ChatGPT maker tricked him into contributing nearly $45 million with false promises of remaining a nonprofit.
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May 23, 2025
2 Firms Tapped To Lead Visa Derivative Suits Over DOJ Claims
A California federal judge has combined lawsuits accusing Visa's executives and directors of allowing the company to understate the regulatory risk it faced by engaging in anticompetitive actions currently at the center of a lawsuit brought by the U.S. Department of Justice last year, and appointed two law firms to lead the litigation.
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May 23, 2025
Off The Bench: Tennis Officials, NCAA Stay On The Defensive
In this week's Off The Bench, tennis players face pushback from the governing bodies they are accusing of antitrust violations, college basketball players claiming the NCAA exploited them want their class action revived, and a baseball player seeking one last year to play in college hits another legal roadblock.
Expert Analysis
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.