Class Action

  • April 10, 2024

    GM Hit With Class Action Over 'Shift-To-Park' Defect

    General Motors vehicles have a defect that prevents vehicles from detecting when they are in park, stopping drivers from shutting off or locking the vehicle and causing batteries to drain, a proposed class of drivers alleged in a new suit Tuesday.

  • April 10, 2024

    Chase, Zelle Can Arbitrate Stolen-Funds Reimbursement Case

    A Pennsylvania federal judge on Tuesday granted Chase Bank and Zelle's request to arbitrate customer claims they acted negligently and violated consumer protection laws by refusing to refund stolen funds, with the judge saying that relevant virtual terms of service required by Chase are valid, and that Zelle may enforce the agreement as a third-party beneficiary.

  • April 10, 2024

    Ginkgo Bioworks SPAC Investors Sue In Del. After Stock Drop

    Investors in the blank check company that took biotech firm Ginkgo Bioworks Inc. public in September 2021 have sued the venture's founders and insiders for unjust enrichment and fiduciary breaches in Delaware's Court of Chancery, alleging that the deal was propped up by false and misleading claims.

  • April 09, 2024

    After Uproar, New MDL Rule Advances With Attys Assuaged

    Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.

  • April 09, 2024

    Six Firms Vie To Lead NY Community Bank Losses Suit

    Six firms seek to represent a proposed class of investors in a consolidated proposed class action alleging New York Community Bank misled investors about its struggles following its 2022 acquisition of Flagstar Bank and its 2023 acquisition of certain Signature Bank assets.

  • April 09, 2024

    Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told

    An attorney who specializes in Employee Retirement Income Security Act litigation testified on Tuesday as the first witness in a California bench trial for two certified classes claiming Prime Healthcare Services Inc. poorly managed their 401(k) plans, and said the company's oversight of its investment committee was "almost a dereliction of duty."

  • April 09, 2024

    What's In The Norfolk Southern $600M Derailment Deal

    Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.

  • April 09, 2024

    Hawaiian Electric Brass Hit With Suit Over Wildfire Preparation

    A Hawaiian Electric Industries Inc. shareholder has alleged in a derivative suit that the company's executives and directors knew that it was not prepared for last year's deadly Maui wildfire, which caused reputational and financial damage to the company.

  • April 09, 2024

    Dole Escapes Fruit Snack False Ad Suit, For Now

    A California federal judge has tossed a proposed class action accusing Dole Packaged Foods LLC of falsely labeling its fruit snacks as nutritious and healthy when the products are filled with sugar, saying the challenged statements are "puffery."

  • April 09, 2024

    Navajo, Mine Operator Look To Settle Last Waste Spill Claims

    A New Mexico federal judge has stayed litigation in the Navajo Nation's remaining claims against a Gold King Mine operator stemming from a hazardous waste spill that spurred nearly a decade of litigation after the parties said they reached a settlement in principle.

  • April 09, 2024

    Judge Says He'd Be Spooked By Mercedes Recall Notice

    A Washington federal judge hinted on Monday that a Mercedes-Benz driver likely had standing in a proposed class action after getting a recall notice about a potentially dangerous brake issue, with the judge remarking that such a warning would make him afraid to take his car on the road until an inspector cleared it.

  • April 09, 2024

    Nikola Investors' SPAC Fraud Suit Moves Ahead

    Board directors of electric truck maker Nikola Corp. and the blank-check company that took it public for $3.3 billion in 2020 must face shareholders' derivative claims of insider trading, securities fraud and merger-related breaches after Delaware's Court of Chancery on Tuesday denied more than half of the defense's motions to dismiss.

  • April 09, 2024

    StarKist, PE Co. Settle Tuna Price-Fixing Claims For $3.9M

    Canned tuna buyers are hoping to settle their long-running price-fixing suit with StarKist and Bumble Bee, asking a California federal judge for preliminary approval of two class action payouts worth a total of $3.87 million.

  • April 09, 2024

    Real Brokerage $9.2M Settlement Is Latest In Agent Fee Suit

    The Real Brokerage Inc. will pay $9.2 million in a settlement to exit a class action in Missouri federal court over broker fees that prompted other big brokerages to change how they charge agent fees.

  • April 09, 2024

    Biotech Co. Insiders Sued In Del. Over $200M PIPE Deal Gain

    Investors of clinical-stage pharmaceutical company Taysha Gene Therapies Inc. sued the company's directors and officers in Delaware Chancery Court to recover more than $200 million in damages on behalf of the company after its insiders allegedly wrongfully profited from a public equity sale.

  • April 09, 2024

    9th Circ. Open To Reviving Calif. Cannabis Abatement Fight

    A Ninth Circuit panel on Tuesday appeared open to reviving a proposed class action alleging that Humboldt County's abatement fines for unlicensed cannabis growing structures is an unconstitutional "dragnet scheme," with two judges suggesting the magistrate judge inappropriately resolved material factual disputes against the property owners at the pleading stage.

  • April 09, 2024

    $350M Google Privacy Settlement Receives Initial Approval

    A California federal judge on Tuesday gave the first green light to a $350 million settlement between Google's parent company, Alphabet, and investors over claims the company deceived them about a March 2018 software glitch that allegedly gave third-party app developers the ability to access the private profile data of 500,000 users of the Google Plus social media site.

  • April 09, 2024

    Judges Question Georgetown Staff's Standing In ERISA Row

    D.C. Circuit judges questioned the standing of Georgetown University employees suing over alleged mismanagement of their retirement accounts, with one judge repeatedly telling the plaintiffs' attorney Tuesday that he should re-read a foundational case on the issue.

  • April 09, 2024

    Spirit Flies Away From Wiretap Suit Over Site User Tracking

    Spirit Airlines has beaten, for now, a consolidated proposed class action alleging that it flouted privacy and wiretapping laws by gathering its website users' communications after a Pennsylvania federal judge said the plaintiffs haven't responded to Spirit's argument that its software doesn't gather personal information and accordingly suffered no injury and lack standing.

  • April 09, 2024

    GM Rips 'Word Salad' Discovery Request, Fights Sanction Bid

    General Motors and its Detroit Renaissance Center told a Michigan federal judge Monday that guests of the center's Marriott hotel are unfairly demanding sanctions over allegedly unreasonable discovery requests, saying the businesses are making every effort to respond in a timely fashion to the "burdensome" interrogatories.

  • April 09, 2024

    Jury Must Hear Terrorism Payments Were Extortion, Chiquita Says

    Banana company Chiquita argued Tuesday it should not be blocked from presenting evidence about threats made to its employees by a Colombian paramilitary group and about other businesses making payments to the group at a coming bellwether trial in a long-running multidistrict litigation accusing Chiquita of funding the paramilitary group that allegedly killed the plaintiffs' relatives.

  • April 09, 2024

    Feds Want To Push Back Complex Camp Lejeune Cases

    The federal government has asked the North Carolina court overseeing litigation concerning contaminated water at Camp Lejeune to first try cases brought by former residents of the Marine base who allege they have developed only one disease from the water and try more complicated cases later.

  • April 09, 2024

    TD Bank Wants 'Absurd' First Horizon Merger Suit Tossed

    TD Bank has urged a New Jersey federal judge to dismiss a proposed class action from investors over the bank's failed merger with First Horizon, saying the investors can't sue because the deal never closed and the suit's asserted scienter claim "defies commonsense."

  • April 09, 2024

    Boies Schiller Attys Face Sanctions Bid Over Epstein Suit

    Boies Schiller Flexner LLP's chairman and a co-managing partner are facing a sanctions bid from associates of billionaire and sexual predator Jeffrey Epstein for filing a proposed class action against them despite the attorneys' clients previously signing releases of liability to receive victim compensation.

  • April 09, 2024

    Fund Managers Want Ga. Attys' Tax Shelter Fraud Suit Tossed

    A fund manager accused of misleading investors into an illegal tax shelter want a Georgia federal court to throw out the proposed class action against them, claiming the facts alleged in an updated complaint still aren't specific enough for court.

Expert Analysis

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • What Retailers Should Note In Calif. Web Tracking Suits

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    As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Chancery's Sears Ruling Clarifies Stockholder Duties

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    In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Changes To Note In New AAA Mass Arbitration Rules

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    The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.

  • NY Discovery Stay Ruling Empowers Securities Defendants

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    A New York state appeals court’s recent decision in Camelot Event v. Morgan Stanley — which extends a federal securities law's discovery stay to state courts — clarifies an issue that has perplexed state courts across the country and provides the advantage of reduced discovery costs to securities defendants, say Katherine Kelly Fell and Jeremy Wertz at Milbank.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

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    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

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