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Class Action
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May 05, 2025
OpenAI Abandons For-Profit Plan After Musk Suit Is Preserved
OpenAI announced Monday that it was no longer pursuing plans to transition the ChatGPT maker into a for-profit enterprise, changing course just days after a California federal judge refused to throw out the bulk of Elon Musk's suit challenging those plans.
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May 05, 2025
Citizens Policy May Cover BIPA Claim, 7th Circ. Says
An Illinois food ingredient manufacturer may be able to tap into one of its Citizens insurance policies for coverage of an underlying biometric privacy suit, if the company can prove it provided the insurer with timely notice of the claim, the Seventh Circuit said.
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May 05, 2025
Debt Agency Agrees To $2.6M Deal To End Data Breach Claims
Debt collection agency and buyer NCB Management Services Inc. has agreed to pay $2.625 million to resolve consolidated proposed class action claims it failed to protect more than a million consumers whose personal information was compromised when it was hit with a companywide ransomware attack.
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May 05, 2025
Burger King Can't Chop Claims It Cooked Up Misleading Ads
Burger King can't toss a proposed class action alleging its advertisements misrepresent the size and amount of toppings in its iconic Whopper hamburger, a Florida federal judge ruled Monday, saying the consumers have plausibly alleged the advertisement photos "go beyond mere exaggeration or puffery."
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May 05, 2025
Fla. Judge Wants Briefs In ACA Trans Health Fight
A Florida federal judge Monday requested briefing from the U.S. Department of Health and Human Services and the state of Florida on how to handle a suit challenging the Biden administration's regulations clarifying gender identity-based discrimination under the Affordable Care Act.
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May 05, 2025
Pharma Co. Escapes Investor Liver Drug Trial Suit, For Now
Biopharmaceutical company Akero Therapeutics Inc. and its executives have escaped, for now, a proposed class action alleging they misled investors about the patient population in a clinical trial for Akero's liver disease treatment, with a California federal judge on Monday rejecting the suit's theory of motive for the defendants.
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May 05, 2025
Judge Poised To Decide If Mich. Will Face Dam Collapse Trial
A state judge will decide next week whether thousands of flood victims can proceed to trial on their claims that the state of Michigan is to blame for a hydroelectric dam collapse that caused widespread flooding.
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May 05, 2025
Meta Users Refused 9th Circ. Appeal On Data Pay Cert Denial
A Ninth Circuit panel summarily refused to permit Meta Platforms Inc. users to immediately appeal a district court decision rejecting class certification for their antitrust case alleging the social media giant would have had to pay for their data if it didn't lie about privacy safeguards.
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May 05, 2025
Google Ads Advertisers Ask For Class Cert. In MDL
A group of advertisers in multidistrict litigation accusing Google of violating antitrust law through its control over key ad technology has asked a New York federal court to certify it as a class.
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May 05, 2025
Ohio Debt Collector Hit With Nuisance Calls Suit
A Marietta, Ohio-based debt collection agency violated state and federal laws against unwanted robocalls, according to proposed class claims filed Monday in federal court.
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May 05, 2025
Amazon Seeks To Exit Prime Subscribers' Slow Delivery Suit
Amazon is urging a Washington federal judge to toss a proposed nationwide class action accusing the e-commerce giant of excluding Prime members in poorer ZIP codes from expedited delivery benefits, saying its subscription terms have always informed customers upfront that shipping speeds vary by geographic area.
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May 05, 2025
Kaiser Permanente Escapes 401(k) Forfeiture Suit, For Now
A California federal judge tossed a proposed class action alleging Kaiser Permanente misspent forfeitures from an employee 401(k) plan, concluding the allegations failed to state a claim for a violation of federal benefits law.
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May 05, 2025
Calif. Justices Adjust Bar Exam Passing Score Amid Turmoil
In an en banc ruling, the California Supreme Court approved adjustments to the passing score for the state bar's embattled February bar exam in line with a formal request by the California Bar Association, resulting in the highest passing rates for the exam in close to five years.
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May 05, 2025
Morgan & Morgan Pushes To Arbitrate Malpractice Claims
Morgan & Morgan is urging a Georgia federal court to send a former client's malpractice class claims into arbitration and reject his bid to move the case to state court, arguing the matter belongs there, and the client agreed to arbitrate such disputes.
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May 05, 2025
Umpqua Bank Class Seeks Approval Of $55M Ponzi Suit Deal
A class of Umpqua Bank investors has asked a California federal judge to give the initial OK to a $55 million settlement to end a suit alleging the bank helped execute a $300 million Ponzi scheme led by a since-deceased real estate investment manager.
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May 05, 2025
12-Lawyer Pond North Toxic Tort Team Joins Lewis Brisbois
Lewis Brisbois Brisgaard & Smith LLP has absorbed 12-lawyer product liability and toxic tort boutique Pond North LLP, the law firm announced Monday.
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May 05, 2025
Veterans Look To Bar Firm's Contacts With Potential Class
Veterans urged a North Carolina federal judge to bar a consulting firm from contacting potential class members about litigation accusing the firm of charging illegal fees, saying it has emailed tens of thousands of them asking to help with the firm's defense.
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May 05, 2025
Retirement Co. Settles 401(k) Fee Suit After $38.8M Verdict
A retirement services company agreed to resolve a class action claiming it loaded a multiemployer 401(k) plan with exorbitant administrative fees, according to a New York federal court filing, less than two weeks after a jury said the company should pay the 27,000-member class $38.8 million.
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May 05, 2025
Hotel Management Co. Exits Pension Fund Withdrawal Battle
A company tapped to manage a hotel at the center of a $1.1 million withdrawal liability lawsuit between the City of San Jose and a UNITE HERE pension fund has reached a deal with the plan to exit the case, according to a California federal court filing.
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May 05, 2025
NFL, Retail Group Back NBA In Video Privacy Fight
The National Football League and a retail industry group filed separate briefs supporting the National Basketball Association's bid for the U.S. Supreme Court to let it out of a video privacy class action over its video viewing data practices, arguing that the Second Circuit stretched the relevant law beyond Congress' intent.
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May 05, 2025
Mass. Assisted Living Facility Settles Class Suit Over Fees
A Massachusetts assisted living facility has settled claims by a group of low-income, elderly residents that they were charged an illegal "ancillary fee" that depleted much of their monthly allowances.
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May 02, 2025
RTX Cos., Workers Nab Initial OK Of $19.9M Break, Wage Deal
A California federal judge Thursday preliminarily blessed a $19.9 million deal between companies affiliated with aerospace and defense giant RTX Corp. and workers who accused the company in a putative class action of failing to provide proper wages and breaks, saying the deal was likely fair, reasonable and adequate.
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May 02, 2025
Insulin Giants' Antitrust Victory On Shaky Ground At 2nd Circ.
A major legal triumph for manufacturers of wildly popular medications treating diabetes and obesity suddenly looked precarious Friday at the Second Circuit, where judges sounded open to reviving a proposed class action alleging a multibillion-dollar conspiracy in a controversial drug-discount program.
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May 02, 2025
Abbott Beats Bellwether In Formula MDL Ahead Of Trial
An Illinois federal judge Friday held that Abbott Laboratories isn't liable for the death of a baby who consumed its Similac baby formula, entering judgment in favor of Abbott in a bellwether case in multidistrict litigation that was set to head to trial in a little over a week.
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May 02, 2025
Ill. Judge Questions Legal Theory In Multiplan Pricing MDL
An Illinois federal judge handling multidistrict litigation accusing Multiplan of conspiring with insurers to fix out-of-network reimbursement rates seemed unsure Friday that a viable antitrust theory is at play, saying the plaintiffs' alleged market dynamic seems similar to various individuals independently deciding to hire the same "really good painter." Â
Expert Analysis
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Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope
Roy Wepner at Kaplan Breyer investigates why a recent Federal Circuit opinion spent six pages explaining its unsurprising conclusion on proper scope of review — that no deference need be afforded to the trial court in a case dismissed for failure to state a claim.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Newly Acquired Information Can Be Key In Drug Label Cases
The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.
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Nvidia Case's Potential Impact On Securities Class Actions
In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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Short-Seller Implications Of 10th Circ.'s Overstock Decision
The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.