Class Action

  • May 10, 2024

    Dollar Tree Parent Sued Over Alleged Lead In Cinnamon

    Dollar Tree Inc.'s parent company and a New York family-owned food business were hit Thursday with a proposed class action in New York federal court alleging that the chain sold cinnamon that was contaminated with lead, following U.S. Food and Drug Administration recalls of lead-tainted cinnamon.

  • May 10, 2024

    Deal Reported In Union Production Workers' Benefits Fight

    A settlement is likely coming in a proposed class action filed by Parsec Inc. employees against the National Production Workers Union in Illinois federal court, signaling an end to claims that the rail transportation company's withdrawal from a collective bargaining agreement should have triggered the payout of severance and retirement funds.

  • May 10, 2024

    Logan Paul Energy Drinks Have Excess Caffeine, Suit Says

    A proposed class of energy drink buyers is suing YouTube celebrity Logan Paul's Prime Hydration LLC, alleging the drinks contain significantly more than the 200 milligrams of caffeine they advertise.

  • May 10, 2024

    Off The Bench: Ohtani Translator's Plea, NBA Star Tops Agent

    In this week's Off The Bench, Shohei Ohtani's ex-interpreter will plead guilty, an NBA star wins in his clash with the agent who sought to represent him, and a tennis player who was abused by her former coach is awarded $9 million.

  • May 10, 2024

    NJ State Police Settle Suit Over Expungements Backlog

    The New Jersey State Police agreed to speed up the processing of expungements to resolve the Office of the Public Defender's proposed class claims over a backlog of judicial orders that numbered 46,000 as of October, Attorney General Matt Platkin and Public Defender Jennifer N. Sellitti said in a joint statement Friday. 

  • May 10, 2024

    Prudential Investor Attys Seek $9M Fees For Settlement

    Attorneys representing investors in a settlement with Prudential Financial Inc. over claims that the insurer misrepresented certain trends affecting its life insurance reserves have asked a New Jersey federal judge to grant final approval of the deal and nearly $9 million in fees.

  • May 10, 2024

    Benefits Groups Urge High Court To Take Up AT&T 401(k) Suit

    Several benefits groups urged the U.S. Supreme Court to hear AT&T's request to overturn a Ninth Circuit ruling that upended its win in retirement plan participants' class action accusing it of mismanaging their 401(k), saying allowing the decision to stand would redefine prohibited transactions.

  • May 10, 2024

    No 'Piecemeal' Fees For Infant Data Win Amid 6th Circ. Appeal

    A federal judge said Friday that he wouldn't award attorney fees to children who challenged Michigan's handling of blood samples collected in an infant health screening program until the state's Sixth Circuit appeal is resolved.

  • May 10, 2024

    Fuzzy Jurisdiction In Web Cases Has 1st Circ. Judge 'Worried'

    A First Circuit judge has said uncertainty over how personal jurisdiction rules apply to cases involving the borderless internet may require action from Congress or the U.S. Supreme Court, expressing concern that website operators can "manipulate" the legal requirement in order to avoid accountability.

  • May 10, 2024

    Nationstar Mortgage Wants To Escape 'Junk Fee' Suit

    Nationstar Mortgage LLC has asked a Washington federal judge to toss a proposed class action alleging it illegally charged homeowners a "junk fee" for written payoff quotes, saying the suit's claims fail because expedited payoff fees are not unlawful and do not breach the terms of the relevant loan agreements.

  • May 10, 2024

    PF Chang's Allowed To Keep 6K-Worker Wage Deal Concealed

    P.F. Chang's can file settlement papers with dollar amounts shielded from public view as the restaurant chain looks to resolve a 5-year-old suit accusing it of cheating more than 6,000 tipped servers out of wages, a Pennsylvania federal judge ruled.

  • May 10, 2024

    Printing Co. To Pay $1.2M To End 401(k) Fee Suit

    A class of retirement plan participants asked an Illinois federal judge to grant final approval to a nearly $1.2 million settlement they reached to end their suit accusing a printing company of allowing its $1.3 billion plan to shoulder excessive record-keeping fees.

  • May 09, 2024

    Amazon Shakes Wash. Suit Premised On Calif. Wiretap Claims

    A Washington federal judge has tossed a putative class action accusing Amazon.com Inc. of unlawfully recording chat conversations with consumers, finding that the plaintiff couldn't sustain a suit containing only California claims because the e-commerce giant's usage agreement makes clear that Washington law governs such disputes. 

  • May 09, 2024

    Google Slams Maps Antitrust Suit As 'Cut-And-Paste Job'

    Google's counsel urged a California federal judge Thursday to permanently toss a proposed antitrust class action over its Maps product, calling the complaint a "cut-and-paste job" from a 2020 House report and accusing plaintiffs of "trying to gin up an antitrust claim" where one doesn't exist.

  • May 09, 2024

    SeaWorld Workers Nab Class Cert. In 401(k) Fees Suit

    A California federal judge agreed to certify a class of 10,000 current and former workers suing SeaWorld for keeping high-cost funds in their retirement accounts and retaining expensive record-keepers.

  • May 09, 2024

    Attys Want $102M In Fees In Stock Loan Antitrust Deal

    Quinn Emanuel Urquhart & Sullivan LLP and Cohen Milstein Sellers & Toll PLLC attorneys asked for $102 million in fees for settling claims from investors that major banks colluded to avoid modernizing the stock loan market, saying the long and complex nature of the case warrants the payout.

  • May 09, 2024

    US Bank Sees Unauthorized Account Suit Tossed For Good

    A New York federal judge has permanently thrown out a proposed class action against U.S. Bancorp alleging shareholders were harmed after the bank paid a $37.5 million fine to the Consumer Financial Protection Bureau in connection with allegations its bankers secretly opened accounts in customers' names.

  • May 09, 2024

    Judge 'Tempted' To Transfer MLB Scouts' Colo. Age Bias Suit

    A Colorado federal judge said Thursday he was "somewhat tempted" to transfer an age discrimination lawsuit brought by former MLB scouts if he ultimately decides the court doesn't have jurisdiction over out-of-state teams, despite believing they may have a "fairly strong" argument that he can oversee the case against the league itself.

  • May 09, 2024

    9th Circ. Revives Northrop Retirees' Putative Class Action

    The Ninth Circuit on Thursday once again resurrected a proposed class action accusing Northrop Grumman of misinforming retirees about their pension benefits, ruling that the retirees have plausibly alleged that they received inaccurate benefit statements.

  • May 09, 2024

    Rail Co. Accused Of Retaliation Over FMLA Use

    CSX Transportation Inc. has been hit with a Florida federal lawsuit brought by its workers, who allege in their proposed class action that the rail company discouraged them from lawfully using the Family and Medical Leave Act, including by punishing them for taking advantage of the law.

  • May 09, 2024

    REIT Says Insurers Must Cover Antitrust Conspiracy Claims

    A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.

  • May 09, 2024

    Gov't Says It's Already Yielded Camp Lejeune Muster Rolls

    The federal government on Wednesday told the North Carolina federal court overseeing litigation over water contamination at the Camp Lejeune base that it has already produced muster rolls and that the court should deny the service members' request to produce more records.

  • May 09, 2024

    Hermes Seeks Exit From Antitrust Suit Over Birkin Bag Sales

    Hermès urged a California federal judge on Thursday to toss an antitrust class action accusing the luxury fashion retailer of tying the sale of its iconic Birkin and Kelly handbags to other items, saying the plaintiffs' assertion that the handbags constitute their own market minimizes the "fierce competition" across the luxury goods industry.

  • May 09, 2024

    6th Circ. Judge Doubts GM Drivers Can Revive Emissions Suit

    A Sixth Circuit judge suggested Thursday that drivers are second-guessing a U.S. Environmental Protection Agency stamp of approval with their claims that General Motors marketed its Chevrolet Silverado and GMC Sierra vehicles as more eco-friendly than they really were.

  • May 09, 2024

    Chicken Farmers Win Cert. Of 24K Class In No-Poach Suit

    An Oklahoma federal judge has certified a class of more than 24,000 broiler chicken farmers accusing Pilgrim's Pride of conspiring with others to suppress grower compensation through no-poach agreements, noting the plaintiffs provided direct and circumstantial evidence to show the existence of an antitrust conspiracy affecting all farmers.

Expert Analysis

  • 3 Notification Pitfalls To Avoid With Arbitration Provisions

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    In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.

  • Handling Neurodivergence As The Basis Of Disability Claims

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    Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.

  • Preempting Bottled Water Microplastics Fraud Claims

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    Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.

  • Wildfire Challenges For Utility Investors: Regs And Financing

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    For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.

  • Del. Dispatch: How Moelis Upends Stockholder Agreements

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    The Delaware Court of Chancery's Moelis decision last month upended the standard corporate practice of providing governance rights in stockholder agreements and adds to a recent line of surprising decisions holding that long-standing, common market practices violate Delaware law, say attorneys at Fried Frank.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Wildfire Challenges For Utility Investors: Liability Theories

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    The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.

  • The Challenges Of Measuring Harm In Slack-Fill Cases

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    A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • Strategies For Single-Member Special Litigation Committees

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    The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.

  • Opinion

    Suits Against Insulin Pricing Are Driven By Rebate Addiction

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    A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

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