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Class Action
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June 04, 2025
OpenAI Says Data Retention Order Creating Privacy Concerns
ChatGPT maker OpenAI has asked a Manhattan federal judge to lift an order for it to retain output log data for conversations users have had with the generative artificial intelligence model, saying ongoing preservation won't be useful in a case brought by news organizations that say their content was used to train the program.
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June 04, 2025
3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases
A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.
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June 04, 2025
Heart Device Maker iRhythm Gets Investor Claims Trimmed
A California federal judge has trimmed a class action accusing digital healthcare company iRhythm Technologies of making false and misleading statements about its heart-event monitoring device, finding that the suit does not plausibly plead knowledge of wrongdoing for most individual defendants, among other things.
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June 04, 2025
Judge Halts Fla. Law Over Medicaid Ballot Initiative Concerns
A Florida federal judge on Wednesday blocked state officials from enforcing part of a new law that opponents say threatens to criminalize those collecting signatures for a 2026 ballot initiative to expand Medicaid access.
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June 04, 2025
Dish Wants Court To Act On T-Mobile Case Discovery Dispute
Dish told an Illinois federal judge it is at an impasse with wireless customer plaintiffs seeking documents in their case against T-Mobile over its 2020 acquisition of Sprint, saying it met with the plaintiffs four times regarding their subpoenas, but the sides have been unable to find a compromise.
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June 04, 2025
Lineage Bank Denies Duty In $85M Fintech Collapse Suit
Tennessee-based Lineage Bank on Wednesday asked a Colorado federal judge to dismiss it from a proposed class action related to $85 million in funds that allegedly went missing after the failure of fintech-to-bank middleman company Synapse Financial, arguing the lawsuit doesn't allege Lineage owed a legal duty to the consumers.
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June 04, 2025
Nationwide Hit With Suit Over Dropped Pet Coverage
A group of pet owners on Wednesday accused Nationwide of a bait-and-switch after it canceled one pet insurance plan for more than 100,000 pets, telling a Massachusetts federal court that the insurer dropped coverage for pets with old age or significant medical needs despite promising not to.
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June 04, 2025
Deportees Urge Justices To Keep 'Basic Measure Of Fairness'
A class of deportees who are being sent to countries where they have no prior ties asked the U.S. Supreme Court on Wednesday to leave in place a preliminary injunction requiring that they be provided a meaningful opportunity to challenge their destinations, calling it "a basic measure of fairness."
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June 04, 2025
Auto Co. Says Recent Orders Support Axing Class Wage Suit
Seven recent decisions support an automobile parts company's bid to nix class and collective claims in a workers' lawsuit alleging they were shorted on wages, the firm told a North Carolina federal court Wednesday, saying those cases show that the allegations cannot stand because they were filed too late.
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June 04, 2025
Driver Says Colo. Waste Co. Shorts Workers On Wages
Southern Colorado Waste and Recycling knew that drivers were working straight through their designated meal breaks but deducted 30 minutes of working time from their paychecks anyway, a proposed class and collective action filed in federal court said.
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June 04, 2025
Chancery Strips Amazon, Others From $1.3B Zoox Merger Suit
Delaware's chancellor has kept alive breach of fiduciary duty claims against most directors and two officers of self-driving taxi venture Zoox Inc. over its $1.3 billion acquisition by Amazon, while dismissing Amazon itself and rejecting stockholder fee-shifting claims.
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June 13, 2016
DraftKings Can't Escape Automated Text Message Class Suit
An Illinois federal judge on Monday kept alive a putative class action over an alleged automated promotional text message sent by daily fantasy sports giant DraftKings but tossed a claim that the message stole data from recipients, finding that the loss of value for a single text message is too small.
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June 04, 2025
Orlando Says $1 Typo Cost It Win In Workers' Unpaid OT Suit
A $1 typo should not doom Orlando's bid for a pretrial win in a suit by district fire chiefs alleging they were wrongly denied overtime, the city told a Florida federal court, arguing the workers' salaries actually do fall under the overtime exemption.
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June 03, 2025
Capital One Must Face Some Claims It Stole From Influencers
Capital One Financial Corp. cannot ditch all of a proposed class action alleging its coupon-search browser extension steals commissions from social media creators who drive customers to affiliated merchants, a Virginia federal judge ruled, saying the plaintiffs plausibly alleged Capital One knew it was diverting their "rightfully earned" commissions.
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June 03, 2025
Egg Producer Beats Suit Over Salmonella Contamination
Amish egg producer Milo's Poultry Farms LLC has beaten a proposed class action accusing it of selling eggs tainted with salmonella, after a Wisconsin federal judge ruled Tuesday there is no plausible way a batch of eggs worth less than $100,000 could result in more than $5 million in damages.
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June 03, 2025
Fortrea Faces Investor Suit Over Post-Labcorp Financial Woes
Clinical research company Fortrea Holdings Inc. was hit with a proposed shareholder class action alleging that it overstated the strength of its business model after being spun off from Labcorp Holdings Inc., causing investors harm as the truth about Fortrea's financial struggles emerged.
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June 03, 2025
Foes Urge Court To Assume Google Hid Evidence
Advertisers, publishers and other users of Google's online advertising placement technology come armed with receipts of the search giant's personnel apparently knowingly avoiding their discovery obligations, as the multidistrict litigation plaintiffs tee up a bid to sanction the company with a court presumption that deleted chats hide key evidence of monopolization.
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June 03, 2025
PacifiCorp Faces $100M Ask In Newest Oregon Wildfire Trial
Oregonians, including a photographer and a charter boat operator, started the latest trial against utility PacifiCorp over wildfire damage Tuesday, with their lawyer telling a jury the 10 property owners deserve some $100 million for the fraught experiences they endured.
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June 03, 2025
Chancery Tosses 'Generic' Advance Notice Bylaw Suit
Citing the absence of any specific damage claims, a Delaware vice chancellor on Monday dismissed an Owens Corning Inc. shareholder suit challenging company bylaws obliging advance notice of board seat proxy contests.
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June 03, 2025
6th Circ. Denies PBMs' Privilege Claim In Opioid MDL
A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.
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June 03, 2025
MultiPlan Must Face Reimbursement Pricing Antitrust MDL
An Illinois federal judge on Tuesday largely rejected a bid by MultiPlan to ditch multidistrict litigation accusing the company of illegally fixing out-of-network reimbursement rates, trimming only unjust enrichment claims while allowing antitrust claims to move forward.
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June 03, 2025
Consumers Defend Amending Apple, Amazon Antitrust Case
Consumers accusing Apple and Amazon of reaching a deal to restrict the sale of Apple devices on the e-commerce site told a Washington federal court there's no need to reconsider letting them amend the complaint despite the original lead plaintiff dropping out of the case.
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June 03, 2025
Wash. Judge Clears The Way For Redfin Merger Vote
A Washington federal judge on Tuesday refused to stop Redfin shareholders from voting Wednesday on a $1.75 billion merger with Rocket Cos., finding that with new disclosures made by the company, investors have enough information to make an informed decision.
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June 03, 2025
DC Judge Blocks Trump's Ban On Transgender Prisoner Care
A D.C. federal judge on Tuesday blocked the enforcement of a Trump administration executive order barring funding of gender-affirming care in federal prisons and granted class certification to a group of transgender inmates challenging the directive.
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June 03, 2025
Adidas, UChicago Failed To Protect Data In Hacks, Suits Say
Adidas' American arm and the University of Chicago Medical Center have been sued for allegedly failing to keep sensitive identifying information safe from hackers who stole it through certain third-party vendors.
Expert Analysis
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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.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Lessons From Pa. Wiretapping Class Action Dismissal
A recent wiretapping class action in Pennsylvania federal court resulting in the dispositive dismissal of the action provides key insights on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure, say attorneys at Baker Donelson.