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Class Action
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June 09, 2025
Southwest Beats Customers' 737 Max Overcharge Suit
A Texas federal judge said Monday that consumers claiming Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets didn't even fly on the Max aircraft and failed to plausibly allege any concrete injuries, so they have no standing to sue.
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June 09, 2025
5th Amendment Can't Shield Ex-Exec, Drugmakers Argue
Generic-drug makers urged Connecticut and Pennsylvania courts to compel a former executive to sit for a deposition in ongoing price-fixing litigation despite his invocation of the Fifth Amendment, arguing his testimony is crucial to their defense.
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June 09, 2025
NC Sheriff's Office To Pay $625K To End Workers' Wage Suit
A North Carolina sheriff's office agreed to pay $625,000 to a class of detention center employees to end their suit alleging they were underpaid because the sheriff paid them for a flat number of hours without considering that their work schedules varied, according to a filing in federal court.
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June 08, 2025
11th Circ. Denies Fla. AG's Bid To Unpause Immigration Law
The Eleventh Circuit on Friday denied Florida Attorney General James Uthmeier's bid to lift a block on a state law criminalizing the entry of unauthorized immigrants into the state, finding that Florida had failed to make a strong showing that it would fend off a challenge to the law.
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June 08, 2025
Judge Approves NCAA's $2.8B Athlete Revenue Settlement
The NCAA's $2.78 billion class action settlement that will for the first time provide for revenue sharing with college athletes was given final approval late Friday by a California federal judge.
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June 06, 2025
3rd Circ. Partially Undoes Chipotle's Change-Shorting Suit Win
The Third Circuit on Friday declined to fully undo Chipotle's win against a proposed class action that alleged it shortchanged customers during a COVID-19 pandemic coin shortage in 2020, reversing a lower court's determination that a Pennsylvania man waived a breach of contract claim by accepting his change without coins.
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June 06, 2025
High Court Says Software Glitch Led To Early Order List Drop
An "apparent software malfunction" caused the U.S. Supreme Court's order list to be issued early Friday, orders in which the justices granted certiorari in four cases and refused to take up a long list of other ones, including cases centered on Pennsylvania's election system and the Obama Presidential Center.
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June 06, 2025
Google Must Face Bulk Of Healthcare Data Tracking Suit
A California federal judge allowed a proposed class action accusing Google of illicitly scooping up users' personal data from healthcare providers' websites to continue Friday, but only for certain claims based on communications made before the company started instructing healthcare provider clients not to send it their health information.
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June 06, 2025
Chancery Pauses Meta Privacy Suit For EU, Ireland Actions
A Delaware court on Friday paused a pension fund stockholder suit seeking documents on data privacy violations made by Meta Platforms Inc. that led to a €1.2 billion ($1.4 billion) fine from European authorities.
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June 06, 2025
Fox Stockholders Press For Election Suit Docs In Chancery
Attorneys for Fox Corp. shareholders are accusing the company of unjustifiably withholding documents sought in Delaware's Court of Chancery related to a derivative suit over the alleged defamation of vote tabulation companies in the midst of the 2020 election.
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June 06, 2025
6th Circ. Sends GM Emissions Fraud Claims Back To Michigan
The Sixth Circuit on Friday partly revived drivers' claims alleging General Motors deceptively marketed Chevrolet Cruze vehicles as clean vehicles when they were actually outfitted with emissions-cheating software, punting a question of preemption back to Michigan federal court.
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June 06, 2025
OpenAI, Microsoft Say Musk Hasn't Fixed RICO Claims
OpenAI and Microsoft have urged a California federal judge to again trim Elon Musk's lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise, arguing the billionaire and his own artificial intelligence company, xAI, have not made any changes to their previously nixed claims for contract breach and fraudulent enterprise.
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June 06, 2025
Denver Tenants Say Lack Of Repairs Made Building Unsafe
Tenants at a Denver apartment complex have filed a proposed class action against the owner as well as current and former property managers in state court, alleging the property became dangerous and unsanitary because the defendants refused to pay for necessary repairs.
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June 06, 2025
Judge Denies Class Cert. In Suit Over Unsolicited Faxes
A Pennsylvania federal judge declined to certify a class of as many as 25,00 healthcare providers who say they received unsolicited fax advertisements, saying there was no way to determine which plaintiffs received the ads via traditional, stand-alone fax machines and which received them through online fax services.
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June 06, 2025
Judge Flushes Class Claims In Toilet Paper Sweepstakes Row
An Illinois federal judge threw out class claims in a suit accusing Procter & Gamble of failing to provide promised prizes to people notified they were winners of a monthly sweepstakes to promote the sale of Charmin toilet paper, saying class actions are barred by the rules of sweepstakes and those who entered agreed to those terms.
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June 06, 2025
Judge Allows New Plaintiffs In 'Good Time' Sentencing Suit
A Michigan federal judge said Friday that a proposed class alleging they were denied timely release from jail because the sheriff refused to provide so-called good-time credit to their criminal contempt sentences can add new plaintiffs to the case, rejecting the sheriff's arguments that the proposed new parties were improperly solicited.
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June 06, 2025
Kroger-Owned Grocery Escapes Baby Food Metal Claims
Harris Teeter escaped a proposed class action against parent Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, according to a Friday order.
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June 06, 2025
Colo. Parking Co. Hit With Class Claims Over 'Illegal' Fees
A Colorado-based parking company was accused in federal court Thursday of using "illegal" data and fine collection practices by intentionally obscuring its "exorbitant" fees for customers using its parking facilities.
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June 06, 2025
Judge Won't Make Feds Process Afghans', Iraqis' Visas
A D.C. federal judge on Friday denied Afghan and Iraqi nationals' bid to compel the government to act on their long-pending visa applications, saying the court lacks jurisdiction to issue such relief because it already granted relief under the Administrative Procedure Act.
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June 06, 2025
Teachers Want $218K In Costs After Pay Bias Trial Win
Counsel representing two female teachers should receive nearly $218,000 in costs following a jury trial in which the workers were awarded $165,000 over claims that a Pennsylvania school district paid them less than men, the teachers told a federal court.
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June 06, 2025
Judge Wants DHS To Explain Delay In Following Parole Order
A Massachusetts federal judge Friday demanded answers from the U.S. Department of Homeland Security after a class of immigrants seeking humanitarian parole allowing them to remain in the U.S. reported that their applications are still frozen, despite her recent order that the government resume processing them.
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June 06, 2025
Frito-Lay Sun Chips Not 100% Whole Grain, False Ad Suit Says
Frito-Lay's brand of Sun Chips are deceptively labeled as containing "100% Whole Grain," despite the fact the products contain maltodextrin derived from corn, which is a highly refined grain stripped of important nutrients amid the refining process, alleges a proposed class action filed in California federal court.
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June 06, 2025
Colgate Strikes Deal To End Lengthy Battle Over Pension Pay
Colgate-Palmolive Co. has agreed to settle a long-running class action from pensioners who claimed the company underpaid them $300 million in miscalculated retirement benefits, after the Second Circuit twice knocked down bids from the company to overturn judgments in the workers' favor.
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June 06, 2025
US Steel Says Consultant Data Protected By Privilege
U.S. Steel is fighting subpoenas from neighbors suing the steelmaker over alleged nuisance emissions from its facilities outside Pittsburgh, claiming that recommendations, reports and data from two consultants in the wake of a 2018 fire were covered by various privileges and confidentiality agreements.
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June 06, 2025
Union Pacific Seeks End Of BIPA Case After Late Filings
Union Pacific Railroad Co. claims that it is entitled to an immediate win on claims it violated truck drivers' biometric privacy rights, days after an Illinois federal judge struck the plaintiffs' opposition papers to Union Pacific's summary judgment motion because they missed filing deadlines.
Expert Analysis
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Maximizing Employer Defenses After Calif. Meal Waiver Ruling
A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.
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Charging A Separate Tariff Fee May Backfire For Retailers
In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four federal appellate court decisions and identifies practice tips from cases involving pretrial detainee bail funds, employment law, product defect allegations and claims of not providing proper pain medication at a jail.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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Opinion
It's Time To Reform Mass Arbitration
A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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How High Court's Cornell Decision Will Affect ERISA Suits
The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.