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Class Action
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July 16, 2025
Arby's Parent Says Workers' Tobacco Fee Suit Lacks Support
The parent company of Arby's, Dunkin' and other fast-food chains urged a Georgia federal court to toss a proposed class action claiming employees in its health plan were unlawfully charged more for using tobacco, arguing workers didn't allege their premiums stayed elevated after completing a wellness program.
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July 16, 2025
Flowers Foods Pushes Justices To Take Up Arbitration Case
Flowers Foods pressed the U.S. Supreme Court on Wednesday to take up a case in which the Tenth Circuit decided to keep a distributor's overtime suit out of arbitration, urging the justices to cure a deep circuit split once and for all.
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July 16, 2025
Princeton Sued After Blocking Trans Runner From Race
A transgender sprinter has filed suit against Princeton University and athletic organizers after they removed her from the list of runners competing in a race, according to her New Jersey state lawsuit.
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July 16, 2025
Refused NFL Goods Sale Not Antitrust Harm, Judge Says
An online merchant blocked from selling licensed NFL merchandise on Amazon.com and Walmart.com by league policies restricting online sales to approved retailers has two weeks to fix its proposed class action claims after a New York federal judge said that the contested restrictions do not trigger U.S. antitrust law.
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July 16, 2025
Utility Co. Inks $7M Deal To End Pension Mortality Data Suit
An electric utility holding company has agreed to pay $7 million to resolve a proposed class action alleging it underpaid retirees in pension benefits by calculating their payments using outdated mortality data, according to an Arizona federal court filing.
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July 16, 2025
CooperSurgical Wants Conn. Embryo Loss Claims Tossed
CooperSurgical Inc. should not have to face a Connecticut federal lawsuit over embryos lost to its recalled culture medium for in vitro fertilization, the company said in motions to dismiss or pause the litigation based in part on "significant briefing and discovery" in a first-filed case in California.
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July 16, 2025
WK Kellogg, Kellanova Settle Overtime Suit For $1.5M
WK Kellogg Co. and Kellanova will pay almost $1.5 million to settle claims that workers didn't receive accurate overtime pay and weren't compensated for preshift COVID-19 temperature checks and other off-the-clock activities, according to Michigan federal court filings.
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July 16, 2025
Utah Judge Ends Startup's Antitrust Suit Against NAR, Brokerages
A Utah federal judge permanently tossed an antitrust suit lodged by a residential brokerage startup against the National Association of Realtors and multiple brokerages, ruling that the claims were time-barred.
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July 16, 2025
Gordon Rees Opens Permanent Downtown Cleveland Office
Gordon Rees Scully Mansukhani LLP announced Tuesday the official opening of a permanent office located in Cleveland.
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July 16, 2025
Kratom Seltzers 'Addictive,' Wash. Class Suit Alleges
A proposed class of kratom product buyers is suing Mitra-9 Brands LLC in Washington federal court, alleging that the company knew — but failed to warn customers — that the products are addictive in the same way as opioids and can cause withdrawal symptoms.
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July 15, 2025
HomeServices, Douglas Elliman Nix Broker Fee Antitrust Suit
HomeServices of America and Douglas Elliman escaped homebuyers' proposed antitrust class action alleging real estate agents conspired to artificially inflate broke service commissions for home sales, after a Florida federal judge ruled the buyers lacked standing since home sellers are the ones who paid those commission fees.Â
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July 15, 2025
MaxLinear, Silicon Motion Beat Suit Over Failed $3.8B Merger
A California federal judge on Tuesday threw out a proposed class action that accused semiconductor company MaxLinear and chipmaker Silicon Motion of misleading investors about a $3.8 billion merger that fell through, saying Silicon Motion shareholders couldn't sue MaxLinear or prove that Silicon Motion knew about an alleged breach of the merger agreement.
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July 15, 2025
Biohaven's Drug Prospects Were Overhyped, Suit Says
Biopharmaceutical company Biohaven Ltd. was hit with an investor suit claiming it overstated the odds that two of its product candidates would receive regulatory approval, hurting investors as it announced disappointing results.
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July 15, 2025
Pool Supply Co. Escapes Investor Suit Over COVID-Era Sales
Arizona-based pool supply company Leslie's Inc. won dismissal, for now, of an investor class action led by North Carolina's state treasurer that alleged the company botched disclosures about waning demand during the COVID-19 pandemic, with the court finding the allegations failed to state a claim for federal securities law violations.
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July 15, 2025
Ga. Judge Sends Online Casino Suit To Arbitration
A Georgia federal judge has dismissed a lawsuit over money lost on casino-style gambling websites like Luckyland Slots and Global Poker, saying the case can't move forward in the Peach State and must go to arbitration instead.Â
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July 15, 2025
Biz Groups Urge 5th Circ. To Reverse BP's Pension Suit Loss
Multiple business groups filed amici briefs with the Fifth Circuit asking the court to do away with a judgment in favor of 7,000 BP retirees who alleged that the oil giant underpaid their retirement benefits, saying the lower court's decision conflicts with "black letter law."
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July 15, 2025
Consumers Say Apple's Bid To End App Store Case Will Fail
A massive class of consumers accusing Apple of monopolizing the distribution of apps on its devices has told a California federal court the tech giant's planned summary judgment bid should be rejected because there's evidence showing harm to both users and developers.
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July 15, 2025
Players' Atty Gets $1.4M In Fees For NFL Race-Norming Deal
The attorney representing former NFL players when the league pledged to stop using "race-norming" when deciding payments from the concussion settlement was awarded nearly $1.4 million in attorney fees Tuesday by the Pennsylvania federal judge overseeing the settlement.
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July 15, 2025
Calif. Homeowners Win Cert. In State Farm Underpayment Suit
A California federal court certified a class of nearly 200,000 homeowners alleging State Farm systematically underpaid property insurance claims in violation of the state's insurance code, ruling Tuesday that the plaintiffs offered a feasible methodology for calculating damages classwide and demonstrated that class members are identifiable.
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July 15, 2025
EPA Defends Ending Enviro Justice Grants
The U.S. Environmental Protection Agency has asked a federal judge to dismiss a proposed class action filed by environmental groups, a Native American village and other local governments, alleging the EPA unlawfully stopped $3 billion in climate grant funding.
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July 15, 2025
Feds Urge Calif. Judge To End Suit Over Border Patrol Sweep
The U.S. government moved Tuesday to end a proposed class action alleging Border Patrol agents conducted race-based stops and warrantless arrests of people who appear to be farmworkers, arguing the government has required agents to evaluate flight risks and reasonable suspicion for stops, which renders the suit's claims moot.
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July 15, 2025
X Says Laid-Off Twitter Worker Not Owed A Jury Trial
X Corp. has urged a California federal judge against holding a jury trial on a former Twitter worker's claims the company and owner Elon Musk violated state and federal laws requiring advance warning of mass layoffs, arguing the statutes don't provide for more than a bench trial.
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July 15, 2025
NCAA Tennis Players 'Highly Likely' To Score Antitrust Cert.
College tennis players who claim that National Collegiate Athletic Association rules governing prize money violate antitrust law are "highly likely" to win class certification, a North Carolina federal judge ruled Tuesday.
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July 15, 2025
Ex-Navistar Worker Sues Over Tobacco Health Fee
A former employee sued International Motors LLC, formerly Navistar, in Illinois federal court Monday, saying it imposes "discriminatory and punitive health insurance surcharges" on workers who smoke without offering an alternative that would allow them to recoup the additional $600 they pay annually.
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July 15, 2025
Texas Cities Cite Gov't Immunity In Farmers' PFAS Suit
Governmental entities led by Fort Worth submitted a brief to a Texas federal court Tuesday supporting their immunity in managing wastewater operations in connection with a proposed class action from farmers who claim their lands were contaminated by toxic chemicals.
Expert Analysis
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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Implications Of Kid Privacy Rule Revamp For Parents, Cos.
The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.