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Class Action
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May 15, 2025
Lennar Workers Should Arbitrate 401(k) Suit, Judge Says
Current and former Lennar Corp. employees should have to individually arbitrate a proposed class action claiming the construction company loaded its 401(k) plan with excessive fees and lackluster investment options, a Florida federal magistrate judge recommended, finding the plan's arbitration provision doesn't conflict with federal benefits law.
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May 15, 2025
$60.5M In Settlements Get Final OK In RTX No-Poach Case
A Connecticut federal judge has granted final approval to $60.5 million worth of settlements to resolve accusations that RTX Corp.'s Pratt & Whitney division and five contractors colluded to avoid hiring one another's workers, with RTX paying more than half of the total and attorneys taking nearly $20.2 million in fees.
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May 15, 2025
Kroger Worker Fights NLRA Preemption Of State Claim
A grocery worker suing Kroger and Albertsons over an alleged no-poach agreement is pushing back on the companies' claim the litigation is preempted by federal labor law, telling the Colorado federal judge hearing the case that antitrust laws have not been displaced by labor law, especially in labor market collusion.
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May 15, 2025
Mass. Town's $102K Deal For Firefighters Gets Final OK
A Massachusetts town will shell out about $102,000 to end claims that it failed to pay overtime to nearly 120 firefighters, as a federal court gave the deal its final sign-off Thursday.
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May 15, 2025
Apple Accused Of False IPhone AI Promises In 50-State Suit
Apple pulled a bait-and-switch on phone buyers when it promised that new artificial intelligence features would be available on the iPhone 16, despite knowing it hadn't yet developed those features, according to a sprawling proposed class action that brings claims under consumer protection laws in all 50 states.
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May 15, 2025
Gov't Fights Expansion Of Transgender Passport Ruling
The U.S. State Department is fighting a request to expand to thousands of people a Massachusetts federal court's preliminary ruling ordering the government to issue or renew passports to six transgender or nonbinary people to reflect their gender identity.
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May 15, 2025
Ex-IU Basketball Players Move To Keep Sex Abuse Suit Alive
Four former Indiana University men's basketball players told a federal court it should not toss a lawsuit alleging the school covered up sexual assaults by a team physician, saying they only recently learned that what he did was abuse and that the university ignored it.
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May 15, 2025
Feds, Immigrants Spar Over Defense Dept. Role In Removals
A group of immigrants facing deportation to countries where they have no prior ties and may be at risk of harm urged a Massachusetts federal judge to add the U.S. Department of Defense as a defendant in their pending class action, a move the government says is unnecessary.
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May 15, 2025
Flooring Company Miscalculates Overtime, Ex-Manager Says
A flooring and tile company failed to consider bonuses and incentive compensation it pays employees when calculating their overtime pay rates, a former manager alleged in a proposed class and collective action filed in New Jersey federal court.
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May 15, 2025
$92.5M Overdetention Settlement Deadline Extended 3 Months
People who were wrongfully detained too long by immigration authorities have three additional months to file claims under a $92.5 million settlement, one of the largest immigration-related civil rights deals in New York City history, according to an announcement Thursday by the law firm that won the deal.Â
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May 14, 2025
2 Mothers Fighting 'Inhumane' ICE Conditions To Stay In US
A Maryland federal judge on Wednesday blocked the federal government from deporting two mothers detained in immigration holding cells in Baltimore pending their putative class action challenging the lawfulness of allegedly prolonged, inhumane and punitive detention conditions.
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May 14, 2025
Actinium Faces Derivative Suit Over FDA Application Claims
Officers and directors of biopharmaceutical company Actinium Pharmaceuticals Inc. face a shareholder derivative action accusing them of breaching their fiduciary duties after the company's lead product candidate failed to secure a certain approval from the U.S. Food and Drug Administration.
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May 14, 2025
Politico Beats Readers' Suit Over Online Trackers, For Now
A California federal judge on Tuesday tossed a proposed class action against Politico claiming the online news outlet unlawfully installed third-party trackers on users' browsers to surreptitiously collect data and personally identifying information without their consent, saying the plaintiffs had not shown they'd suffered a sufficiently concrete injury to sue.
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May 14, 2025
Tree Removal Is Major Cost Of PacifiCorp Damage, Jury Told
Jurors in the latest wildfire damages trial against PacifiCorp heard Wednesday from an expert forester who testified that one of the affected properties needs over $1.5 million in tree removal and replacement services, but admitted he did not actually visit the property.
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May 14, 2025
Costco Fails To Wipe Away Kirkland Baby Wipes PFAS Suit
A California federal judge Wednesday denied a bid by Costco Wholesale Corp. to toss a mother's putative class action accusing the warehouse club of falsely advertising Kirkland brand baby wipes as being natural despite allegedly having toxic levels of so-called forever chemicals, saying the mother sufficiently alleged three types of chemicals and their quantities.
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May 14, 2025
Judge's 'Tested' Patience May Mean Sanctions In GM Deal
A Michigan federal judge has warned parties not to test his patience after receiving what he called a "dismaying" progress report on a pending settlement of racial bias allegations against the security force at Detroit's General Motors-owned Renaissance Center.
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May 14, 2025
Wells Fargo, Others To Pay $19.5M For Recording Biz Calls
Wells Fargo and two other companies agreed to pay $19.5 million to settle allegations they listened in on small businesses' calls in violation of the California Invasion of Privacy Act, according to a motion seeking final approval of the deal filed in federal court.Â
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May 14, 2025
DOJ Tells Judge It's Reshaping, Not Killing, Detainee Legal Aid
A D.C. federal judge suggested he might need more in an administrative record to decide whether to reinstate government-backed legal assistance programs for detained noncitizens after a late filing from the feds suggested congressionally appropriated funds would still go out but to different recipients.
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May 14, 2025
Audit Firms Agree To $46M Deal Over Alleged GPB Fraud Ties
Several auditors of GPB Capital have agreed to pay $46 million to settle claims about their alleged role in the $1.8 billion GPB Capital-Ascendant Capital fraud scheme, which allegedly victimized approximately 15,000 investors.
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May 14, 2025
Chicken Price-Fixing Atty Fees Challenged Again At 7th Circ.
A class objector in Chicago's massive consolidated suit over broiler chicken price-fixing is again urging the Seventh Circuit to vacate an attorney fee award for class counsel in a $181 million deal for chicken buyers, saying the district court erred in calculating the $51.66 million awarded on remand.
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May 14, 2025
ICE Policy Tweak Won't Fix Harm To F-1 Students, Judge Says
A California federal judge issued an injunction Wednesday in multiple cases challenging the Trump administration's termination of foreign students' F-1 visa records, rejecting the government's arguments that its recent policy change eliminates the likelihood students will be irreparably harmed, but he held off on deciding whether to grant nationwide relief.
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May 14, 2025
Judge Hints At Shielding Docs Of Live Nation Competitors
The California federal judge overseeing claims from concertgoers accusing Live Nation of violating antitrust law is likely to grant a request from ticketing rivals to protect documents the rivals say could facilitate the very conduct at issue in the case.
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May 14, 2025
Sage Therapeutics Brass Sued Over Drug Candidate Claims
The top brass of Sage Therapeutics Inc. have been hit with a shareholder derivative suit in New York federal court alleging they misled investors about the safety, efficacy, durability and commercial prospects of three of the company's drug candidates and overstated their likelihood to be approved by the U.S. Food and Drug Administration.
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May 14, 2025
Aetna, Cigna Can't Nix Suit Over Late Emergency Benefit Bills
A Connecticut federal judge ruled Wednesday that Aetna and Cigna can't fully escape a suit from six air ambulance companies claiming the insurers owe $20 million in unpaid or late bills to cover emergency services, ruling they have the legal authority to seek the missing cash.
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May 14, 2025
NC Progressive Customers Get Class Cert. In Car Value Suit
A class of Progressive Auto Insurance customers in North Carolina suing over the company's alleged practice of making adjustments that reduced their compensation for total loss claims has been certified by a federal judge.
Expert Analysis
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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2 High Court Securities Cases Could Clarify Pleading Rules
In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Navigating The Complexities Of Cyber Incident Reporting
When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.