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Class Action
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May 28, 2025
Skadden Lands Kirkland Trial Ace In Chicago
Skadden Arps Slate Meagher & Flom LLP is expanding its litigation team, announcing Wednesday it is bringing in a Kirkland & Ellis LLP trial lawyer as a partner in its Chicago office.
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May 28, 2025
Orlando Fire Dept. Must Face District Chiefs' Unpaid OT Suit
High-ranking district chiefs cannot claim they are shielded from overtime pay exemptions because they are first responders, a Florida federal judge ruled, but the Orlando Fire Department has not shown that it was in the clear to deny them the premium wages.
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May 27, 2025
Anthropic Declaration Partly Stricken Over AI Hallucination
A California federal magistrate judge has partially stricken an expert report filed by Anthropic in copyright infringement litigation that cited a nonexistent study — an error created by the artificial intelligence company's own Claude AI tool — calling the issue "serious," but "not quite so grave as it first appeared."
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May 27, 2025
Retailer To Face Privacy Suit Instead Of Arbitration Claims
More than 2,400 Janie & Jack website visitors pursuing arbitration claims over the children clothing retailer's allegedly unlawful online tracking practices have agreed to drop these individual grievances and instead lodge a single proposed class action to press their allegations, according to a notice filed in California federal court.
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May 27, 2025
Proterra Investors Push For Final OK Of $29M Settlement
Proterra Inc. investors have asked a California federal court to sign off on a $29 million deal resolving allegations that the bankrupt electric-vehicle maker's executives misled them about liquidity issues, according to a motion for final approval of the settlement filed Tuesday.
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May 27, 2025
Drone Co. Overhyped Army Contract Prospects, Investor Says
Drone maker Red Cat Holdings Inc. faced a proposed investor class action alleging it misled investors about its expectations for capitalizing on a prospective U.S. Army contract, hurting shareholders as markets reacted to adverse news about the contract and the company's potential revenue from the deal.
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May 27, 2025
Bluebird Bio Beats Investor Suit Over FDA Cancer Warning
Massachusetts-based biotechnology company Bluebird Bio Inc. has beaten a shareholder suit accusing it of misleading investors about the likelihood of the U.S. Food and Drug Administration's decision requiring a "black box warning" on one of its products due to the cancer risk it posed.
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May 27, 2025
Judge Taps Attys To Lead Ex-UMich Coach Hacking Suits
Eight lawsuits accusing the University of Michigan of failing to safeguard the private images and data of thousands of student-athletes from a former assistant football coach have been consolidated by a federal judge, who also appointed interim lead counsel.
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May 27, 2025
Next Meats Beats Investor Suit Over 'Short Swing' Profits
The controlling shareholders of Japan-based Next Meats have beaten, for good, a suit alleging they collected unlawful short-swing profits after a New York federal judge found the plaintiff could not satisfy the so-called Morrison test of demonstrating a domestic securities transaction that can be tried in U.S. courts.
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May 27, 2025
EV-Maker Polestar Faces Investor Suit Over Financial Reports
Swedish electrical vehicle company Polestar has been hit with a proposed shareholder class action accusing it of misleading investors by failing to maintain proper internal controls, which caused it to misreport liabilities and assets on its balance sheets for several quarters.
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May 27, 2025
6th Circ. Urged To Revive FedEx, Kellogg Pension Suits
FedEx and Kellogg retirees urged the Sixth Circuit to revive two proposed class actions alleging their ex-employers' use of outdated actuarial assumptions shortchanged the value of their pension annuity benefits, arguing that definitions of the term "actuarial equivalent" from the time federal benefits law was enacted supported their appeals.
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May 27, 2025
School Bus Contractor Says OT Violations Weren't Willful
A bus attendant cannot show that a school bus services provider willfully ran afoul of the Fair Labor Standards Act by improperly calculating workers' overtime pay, the company told an Ohio federal court Tuesday, saying her allegations aren't based on any facts.
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May 27, 2025
Unilever Buyers Clash Over Service Awards In $3.6M Deal
Class representatives in a suit alleging Unilever United States Inc. of selling dry shampoo with elevated levels of benzene are pushing back against an objection by other plaintiffs over service awards, saying the other plaintiffs didn't do anything to materially advance the litigation and thus are not entitled to the awards.
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May 27, 2025
Latest Junior Hockey Players' Abuse Suit Against NHL Tossed
An antitrust class action by two junior league hockey players, accusing the National Hockey League and Canadian Hockey League of collusion and abusive treatment during their development, was dismissed by a Washington state federal court, the second venue in which their suit was thrown out.
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May 27, 2025
Texas Judge Certifies Class In Alien Enemies Act Case
A Texas federal judge has certified a class of Venezuelan nationals in custody in the Western District of Texas subject to President Donald Trump's proclamation invoking the Alien Enemies Act to remove alleged Tren de Aragua gang members from the United States.
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May 27, 2025
Titan Of The Plaintiffs Bar: Slater Slater's Adam Slater
Securing multibillion-dollar settlements against major institutions like the Boy Scouts and Catholic dioceses on behalf of thousands of victims who were sexually assaulted as children has become Adam Slater's life work, but at least some of the skills he's used to secure this monetary justice come from his years as a poker player.
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May 27, 2025
Judge Lets United, Teamsters Appeal Arb. Order At 9th Circ.
United Airlines and the Teamsters can appeal a lower court order concluding that the Railway Labor Act gives individual airline employees the right to take their grievances to arbitration despite the union's objection, a California federal judge ruled, saying a Ninth Circuit ruling could end the case.
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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.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Justices Could Stitch Up ERISA Circuit Split With Cornell Case
In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.