Class Action

  • July 15, 2024

    BMW, Customer Agree To Drop Motorcycle Gear Display Row

    BMW of North America and a customer who brought a proposed class action against the company, alleging it sold motorcycles with defective gear indicators, have agreed to drop their dispute from New Jersey federal court, according to a joint stipulation.

  • July 15, 2024

    Workday AI Hiring Bias Suit Cleared To Move Ahead

    A job candidate's discrimination case over Workday's artificial intelligence-powered hiring tools got the go-ahead Friday to move into the fact-finding stage, as a California federal judge said it's plausible that employment bias laws could stretch to reach the software vendor.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Engineering Firms Ink $26.5M Deals To End 'No-Poach' Claims

    Four engineering firms have agreed to shell out a total of $26.5 million, while a fifth has pledged to cooperate, to settle a proposed class action alleging they conspired to restrict hiring through "no-poach" agreements, leaving RTX Corp. unit Pratt & Whitney as the sole defendant, plaintiffs told a Connecticut federal judge on Friday.

  • July 12, 2024

    AI Drugmaker BioXcel Beats Investor Fraud Suit, For Now

    A Connecticut federal judge has tossed a proposed securities fraud class action against BioXcel Therapeutics Inc., saying that while shareholders sufficiently alleged the AI-driven drugmaker made misleading statements concerning a dementia drug study's compliance issues, they failed to adequately plead the company intended to deceive or defraud investors.

  • July 12, 2024

    DHS Says Recent High Court Rulings Doom CBP App Claims

    The U.S. Department of Homeland Security said Friday that a pair of recent U.S. Supreme Court rulings addressing the issue of standing mean that two organizations lack the standing to challenge its requirement that migrants use a smartphone app to submit applications.

  • July 12, 2024

    FirstEnergy Denied 6th Circ. Appeal In Doc Dispute

    Scandal-plagued utility company FirstEnergy Corp. lost another attempt to shield internal investigation documents from a class of investors as well as its former CEO on Friday when an Ohio federal judge denied the company's request to appeal the dispute to the Sixth Circuit on a "logically fallacious" premise.

  • July 12, 2024

    Opioid MDL Plaintiffs Atty Fee Awards Upheld

    The Ohio federal judge overseeing the multidistrict litigation over the opioid epidemic denied several law firms' requests to amend the share of legal fees they received in the case, except an appeal from Spangenberg Shibley & Liber, reasoning that one of its attorneys' work has been "invaluable."

  • July 12, 2024

    Judge Swipes Left On Match Group Investors' Suit

    A Delaware federal judge has dismissed, for now, investor allegations that dating website operator Match Group Inc. misled the market about an integration process.

  • July 12, 2024

    2nd Circ. Revives 'Whole Wheat Flour' Cracker Label Suit

    Advertising which emphasized "organic whole wheat flour" in a box of crackers when white flour was the primary ingredient was misleading and "arguably false," according to the Second Circuit, which revived a lawsuit accusing Back to Nature Foods Co. of tricking its customers.

  • July 12, 2024

    Ex-Thermo Fisher Worker Fights For 401(k) Forfeiture Suit

    A Thermo Fisher Scientific Inc. retirement plan participant told a California federal judge Friday she has standing to claim the company violated federal benefits law by using forfeited plan money to aid its own contributions instead of slimming expenses, arguments aimed at fending off the company's dismissal bid.

  • July 12, 2024

    9th Circ. Brings Back Boot-Up Pay Claims For 2nd Time

    The Ninth Circuit revived and sent back to lower court a suit seeking pay from a call center for minutes that workers spent booting up their computers before their shifts, ruling it is still disputed whether the preshift work was too brief and administratively difficult to track.

  • July 12, 2024

    Vicor Hit With Short Sellers' Suit Over Partnership Disclosure

    Several short sellers have sued power systems manufacturer Vicor Corp. claiming the company misled the market when it announced it would enter a significant partnership with one of its major customers, but later told investors the partnership would never come to fruition, damaging short sellers.

  • July 12, 2024

    Plaintiffs Want Opioid MDL Bellwethers Cut For Lost Emails

    Plaintiffs in the multidistrict litigation arising from the opioid epidemic again asked an Ohio federal court on Friday to sever two of four bellwethers, accusing pharmacy benefit managers of preferring to "foster a sideshow" to further draw out litigation after learning of deficiencies in evidence preservation by some of the cities and counties that initiated cases.

  • July 12, 2024

    Colo. Prisoners Seek Class Cert. In Slave Labor Suit

    A pair of Colorado prisoners have asked a state judge to grant class certification for their suit alleging the state is illegally using them for slave labor, detailing their experiences of punishment like extensive isolation for refusing to work.

  • July 12, 2024

    Valve Says Too Much Game Publisher Variety For Class Cert.

    Online gaming giant Valve is fighting certification of a class of some 32,000 gaming publishers that distributed their titles through the company's Steam platform, arguing those publishers have nothing in common to assert any commonality in the alleged creation of a pricing floor that helped sustain Valve's 30% commissions.

  • July 12, 2024

    Off The Bench: NCAA Loses, Favre Wobbles, NFL Fights Back

    In this week's Off The Bench, the Third Circuit enlivens the debate over whether college athletes can be considered employees, the Fifth Circuit is skeptical of Brett Favre's defamation suit and the NFL disputes claims of racism.

  • July 12, 2024

    Citigroup Wants Racial-Bias Lawsuit Over ATM Fees Tossed

    Citigroup has asked a Florida federal judge to dismiss a racial discrimination lawsuit that claims the bank violated federal civil rights laws by waiving ATM fees for customers of minority-owned banks, saying the plaintiffs have failed to plead an injury that is traceable to the alleged misconduct.

  • July 12, 2024

    Apollo Seeks Chancery Toss Of Stockholder Pact Challenge

    Pointing in part to a pending Delaware law that would allow corporate directors to cede some board powers to big stockholders, Apollo Global Management Inc. has asked a Delaware vice chancellor to dismiss a suit challenging its own stockholder pact.

  • July 12, 2024

    Delta Slams Flyers' Facebook Data Sharing Class Action

    Delta Air Lines has asked a California federal judge to dump a proposed class action alleging it unlawfully shared customers' sensitive personal data with Meta's Facebook through online tracking tools embedded in its website, saying its contract of carriage clearly discloses its digital advertising practices.

  • July 12, 2024

    Staffing Agency Accused Of Misclassifying Workers

    A staffing agency misclassified customer service agents as independent contractors and failed to pay them for all the hours they worked, according to a proposed class and collective action filed in Colorado federal court.

  • July 12, 2024

    Judge Questions Zuckerberg's Bid To Dodge Liability In MDL

    A California federal judge voiced doubt Friday about Meta CEO Mark Zuckerberg's arguments for axing corporate-officer liability claims from multidistrict litigation over the allegedly addictive designs of social media, saying that while many CEOs are hands-off, "it's not clear to me that Mr. Zuckerberg is one of them."

  • July 12, 2024

    No Injury In Suit Targeting J&J Asset Shuffles, Talc Unit Says

    Johnson & Johnson wants a New Jersey federal judge to toss a proposed class action alleging that the company has tried to intentionally prevent talc claimants from getting their day in court through a scheme of fraudulent corporate transactions, arguing that the cancer patients failed to show how any of the challenged transactions left it unable to pay its talc claims.

  • July 12, 2024

    Ex-Quantix Worker Sues Abbott Labs Over Drug Test Firing

    A former employee of Quantix SCS LLC is suing the company, Abbott Laboratories Inc. and two other drug testing companies, saying he was wrongly fired after testing positive for THC and the companies did not consider that it could have resulted from his use of legal CBD products.

  • July 12, 2024

    American Airlines Pilot Pushes For $16M Win After ERISA Trial

    An American Airlines pilot urged a Texas federal court to make the airline cough up nearly $16 million following a June bench trial in a retirement savings class action, arguing the company breached its fiduciary duties to its retirement plan by focusing too heavily on environmental and social factors in investments.

Expert Analysis

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • 50 Years Later, ERISA Remains A Work In Progress

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    A look at the 50 years since the Employee Retirement Income Security Act’s passage shows that while the law safeguards benefits through vesting rules, fiduciary responsibilities and anti-discrimination provisions, the act falls short in three key areas, says Carol Buckmann at Cohen & Buckmann.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • 7th Circ. Exclusion Ruling Will Narrow BIPA Coverage

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    The Seventh Circuit's recent decision in Thermoflex Waukegan v. Mitsui Sumitomo Insurance, holding that the access or disclosure exclusion applies to insurance claims brought under the Illinois Biometric Information Privacy Act, departs from the majority rule and opens the door to insurers more firmly denying coverage under general liability policies, say attorneys at Perkins Coie.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Dapper Settlement Offers Rules Of The Road For NFT Issuers

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    The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Realtor Settlement May Create New Antitrust Pitfalls

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    Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.

  • Navigating The New Rise Of Greenwashing Litigation

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    As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Calif. Ruling Heightens Medical Product Maker Liability

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    The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.

  • 2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses

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    The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

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