News & Analysis as of

Class Action

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Woodruff Sawyer

A New Generation of SPACs Leads the Way Into 2025

Woodruff Sawyer on

After a two-and-a-half-year lull in SPAC activity, the second half of 2024 brought glimmers of sunshine to the otherwise gloomy world of SPACs. New SPAC IPO activity picked up pace in the summer of 2024 and continued to grow,...more

Nelson Mullins Riley & Scarborough LLP

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth...more

BCLP

OCR Confirms Title IX Applies to Institutions’ Direct NIL and Revenue-Sharing

BCLP on

On January 16, 2025, the Office of Civil Rights of the Department of Education – the agency responsible for enforcing Title IX at institutions of higher education – issued a Fact Sheet confirming that OCR will apply...more

Jones Day

Diocese of Rockville Centre Pioneers a Global Resolution for Itself, Its 136 Parishes, and its Settling Insurers Post-Purdue

Jones Day on

In order to resolve hundreds of Child Victims Act lawsuits alleging sexual abuse, the Diocese of Rockville Centre commenced chapter 11 to seek protection for itself, its parishes, and schools, as well as providing equitable...more

Wilson Sonsini Goodrich & Rosati

2025 Year in Preview: Antitrust Trends and Key Decisions in Private Litigation

2025 promises a dynamic and challenging year for businesses as key antitrust cases set new precedent, private antitrust litigation will intensify, and legal battles evolve. In this first installment of the Wilson Sonsini...more

Ballard Spahr LLP

Will the CFPB’s proposed rule on contract terms and conditions affect arbitration clauses?

Ballard Spahr LLP on

Earlier this week, the CFPB issued a proposed rule. Among other things, the proposed rule would “forbid covered persons from including in their consumer contracts any terms or conditions that purport to waive substantive...more

Seyfarth Shaw LLP

United States Supreme Court Holds That The Preponderance-Of-The-Evidence Standard Applies to Exemption Defenses Under The Fair...

Seyfarth Shaw LLP on

In E.M.D. Sales, Inc., et al. v. Carrera, et al, the United States Supreme Court unanimously held that employers need only prove an employee is exempt from overtime under the Fair Labor Standards Act by a preponderance of the...more

Davis Wright Tremaine LLP

Unanimous Supreme Court Ruling Establishes Lower Bar for Proving Overtime Exemptions Under FLSA

On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather...more

Dechert LLP

Dechert Cyber Bits - Issue 68

Dechert LLP on

DOJ Final Rule: New US Restrictions on Nearly All Foreign Access to Personal Data - The National Security Division of the United States Department of Justice has issued a sweeping final rule that would prevent access to...more

K&L Gates LLP

Third-Party Litigation Funding in England and Wales Post-PACCAR: Where Are We Now?

K&L Gates LLP on

In our earlier alert on third-party funding (TPF) and the UK Supreme Court’s decision in PACCAR, we discussed the initial industry reaction, subsequent litigation, and legislative reform proposals (at the time, through the...more

Saul Ewing LLP

Pennsylvania Judge Rejects Loan Provider’s Effort to Enforce Arbitration and Class Action Waiver Clauses Found in Smartphone App

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For the past decade, many courts have found class action waivers in consumer contracts to be valid and enforceable under the Federal Arbitration Act. However, recently, the Allegheny Court of Common Pleas in Pittsburgh...more

Hinshaw & Culbertson LLP

Wu v. Uber Tech., Inc.: New York State's Highest Court Issues a Veritable Instruction Manual for Drafting Enforceable Clickwrap...

Just before the 2024 holiday season, in Wu v. Uber Tech., Inc.,[i] New York State's Court of Appeals, the state's highest court, issued a veritable instruction manual for those involved in the online provision of consumer...more

Bergeson & Campbell, P.C.

Pulling the Threads of the ‘Complicated Patchwork of Federal and State Law’ around PFAS Class Action Lawsuits

On January 7, 2025, Lynn L. Bergeson was interviewed by Christopher Bornmann in Pulling the Threads of the ‘Complicated Patchwork of Federal and State Law’ around PFAS Class Action Lawsuits for the 3E blog. Originally...more

Hogan Lovells

UK competition class actions: first claim to go to trial dismissed

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In a long-awaited judgment handed down on 19 December 2024, the Competition Appeal Tribunal (“CAT”) unanimously dismissed the claim brought by Justin Le Patourel against BT Group Plc (“Le Patourel v BT”). As the first UK...more

Miller Canfield

American Airlines Breaches Fiduciary Duty of Loyalty with BlackRock ESG Funds in 401(k) Plans

Miller Canfield on

Whether, and the extent to which, a plan fiduciary can consider nonpecuniary environmental, social and governance (“ESG”) objectives in selecting plan investments has been a hot-button issue for many years, with the view on...more

Morgan Lewis

Kazakhstan Intensified Antimonopoly Regulation Efforts Throughout 2024

Morgan Lewis on

The year 2024 marked a milestone in the activity of the Agency for Protection and Development of Competition of the Republic of Kazakhstan (Agency or Antimonopoly Authority). As part of the implementation of the president's...more

Morrison & Foerster LLP

Sec Lit IQ: MoFo’s Quarterly Federal Securities Litigation and Delaware Corporate Litigation Newsletter (Q4 2024)

We are pleased to announce the launch of MoFo’s new quarterly newsletter highlighting the most important developments in federal securities and Delaware corporate litigation. In this first edition, we provide a rundown of the...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - January 2025 #2

Kaufman & Canoles on

A North Carolina federal judge on Friday denied NASCAR‘s motion to dismiss a lawsuit lodged by two racing teams that accused the organization of maintaining a monopoly, saying it is too early to determine a dismissal because...more

Warner Norcross + Judd

Holy Smokes: Is Your Tobacco Surcharge Program Compliant?

Warner Norcross + Judd on

A “tobacco surcharge” is part of many employers’ wellness programs, where the employer charges tobacco users higher health insurance premiums than non-tobacco users. A typical tobacco surcharge program will ask an employee if...more

Ropes & Gray LLP

Practical Takeaways from Spence v. American Airlines, Inc. for ERISA Plan Fiduciaries

Ropes & Gray LLP on

On January 10, 2025, Judge Reed O’Connor of the Northern District of Texas issued a much-anticipated ruling in Spence v. American Airlines, Inc., which marks the first time that a federal judge has written an on-the-merits...more

Snell & Wilmer

Seven California Tribes Sue California Card Rooms Over Banking Mechanisms for Card Games

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Nearly one hundred (100) “[d]efendants brazenly profit from illegal gambling” in California, according to a legal complaint filed by seven (7) casino-owning Native American tribes in the Superior Court of California in...more

ArentFox Schiff

Health Care Providers Should Seriously Consider Claims Under Two Antitrust Class Actions

ArentFox Schiff on

Now is the time for health care providers to consider participating in the recent Blue Cross Blue Shield (BCBS) antitrust class action settlement and the newly filed antitrust cases alleging widespread price fixing for...more

McCarter & English, LLP

Deadline to File Claims in Landmark NIL Settlement is Approaching

On October 7, 2024, a federal judge granted preliminary approval to the $2.78 billion settlement that will cap the amount of money National Collegiate Athletic Association (NCAA) schools can spend in compensation for the use...more

U.S. Equal Employment Opportunity Commission...

Kane’s Furniture to Pay Nearly $1.5 Million in EEOC Sex Discrimination Lawsuit

Settles Federal Suit Company Refused to Hire Women for Driver and Warehouse Positions - MIAMI – Kane’s Furniture, LLC, a Florida-based furniture retail company, will pay $1,482,748.00 in monetary relief and provide...more

A&O Shearman

End of the Road for Representative Actions in English Data Claims

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How should multiple claimants seek compensation for alleged data misuse? It had originally been thought that the answer might be a representative action; an “opt-out” procedure enabling a single claimant to bring proceedings...more

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