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Class Action
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May 15, 2025
Live Nation's Atty Fails To 'Move The Needle' In Discovery Bid
A California federal judge appeared likely Thursday to stick with his tentative ruling that Live Nation's ticketing rivals can protect documents they say could facilitate the very conduct at issue in an antitrust case, telling an attorney for the company his arguments did not "move the needle."
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May 15, 2025
NJ Judge Trims VW, Audi Fuel Leak Defect Suit
A New Jersey federal judge said Volkswagen Group of America Inc. cannot ditch a proposed class action over vehicles with allegedly faulty engines that could leak fuel, finding that drivers sufficiently asserted various fraud and other claims, and that the alleged defects were broader than what was covered in two recalls.
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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.
Expert Analysis
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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.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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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.