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We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.
3M was cleared of liability Friday in the second bellwether trial in a 236,000-plaintiff class action over claims its combat earplugs didn't protect service members' hearing the way they were supposed to, according to counsel for both sides.
A proposed class of Walgreen's customers suing over the retailer allegedly collecting Pennsylvania sales taxes on tax-exempt face masks asked to move the case back to state court so federal courts wouldn't interfere in the collection of state taxes.
Six Flags Entertainment Corp. says a Travelers unit wrongfully refused to cover it in underlying investor class litigation and a U.S. Securities and Exchange Commission investigation over inflated stock prices after the company allegedly exaggerated overseas business successes.
With the coronavirus crisis cooling down, a pressure cooker of opioid litigation is heating up with long-awaited trials across the country. Here, Law360 maps out the hottest cases and spotlights must-know details in trials that are underway or imminent.
Delaware's Chancery Court shot down a shareholder suit Friday that accused SmileDirectClub Inc. directors and officers of unjust enrichment through allegedly overpriced company buys of nearly $700 million in pre-initial public offering LLC units from insiders, finding that transaction terms were set before those who sued became shareholders.
A D.C. federal judge suggested Friday that there seemed to have been a "legitimate" national security concern over then-President Donald Trump's safety that justified federal agents' forcible removal of peaceful protesters in Lafayette Square near the White House last June ahead of Trump's photo-op at the historic St. John's Episcopal Church.
A New Jersey federal judge has sent to the Western District of New York a proposed class action over Eastman Kodak Co.'s award of stock options to executives ahead of a $765 million COVID-19 drug loan announcement, concluding that that forum is the most appropriate venue even though none of the players asked for it.
The University of Connecticut cannot eliminate its varsity women's rowing team until the athletes have a chance to prove that sinking the squad would violate Title IX, a federal judge has ruled.
Delaware's newest vice chancellor ordered reargument Friday for three dismissal motions in cases left unsettled after the early retirement of former Chancellor Andre G. Bouchard, including a complex Kraft Heinz Co. derivative suit targeting an alleged $1.2 billion insider trade and $16 billion stock plunge.
In a major loss for hundreds of businesses in western Washington state, a federal judge found Friday that pandemic losses they sustained are not covered by their policies because they didn't show the virus caused physical loss or damage.
A Florida federal judge said Friday that investors hadn't shown any "severe recklessness" on the part of Carnival Corp. in connection with the cruise line's public statements about the risks posed by COVID-19 as the pandemic was breaking out.
A Pennsylvania federal judge on Friday left intact the majority of a proposed class action filed by travel insurance buyers against Arch Insurance Co. over denied coverage for travel plans that were canceled due to the coronavirus pandemic.
The Ninth Circuit on Friday nixed a $102 million class action judgment against Walmart for alleged pay stub and meal break violations, finding that the lead plaintiff lacked standing to bring the break claims because he did not personally suffer an injury and that Walmart committed no pay stub violations.
A Pennsylvania federal judge will slam the brakes on proceedings in an ERISA suit against Universal Health Services Inc. after the hospital chain's workers submit a few more court filings, agreeing with Universal that a pause is needed while the Third Circuit considers whether granting class certification was warranted.
An array of Boston-area civil rights groups told the First Circuit on Friday that a judge was wrong to dismiss a discrimination lawsuit brought against Whole Foods after the grocer disciplined workers for wearing "Black Lives Matter" face masks in the wake of the killing of George Floyd.
The chairs of Jackson Lewis PC's ERISA complex litigation group have ridden many waves of employee benefits lawsuits over their decades in this practice area. Now, they're keeping an eye on the development of legal arguments over standing that could limit Employee Retirement Income Security Act class actions.
A Florida state appeals court has upheld class certification for thousands of Fort Lauderdale businesses seeking hundreds of millions of dollars in economic damages after a water main break in 2019 forced them to temporarily close.
A Johnson & Johnson unit on Friday lost its bid to defeat a proposed class action alleging it didn't warn consumers about the risk of skin reactions from Neutrogena face wipes, as New Jersey's top federal judge knocked down the company's argument that such claims are barred by federal law.
A D.C. federal judge shouldn't let a driver immediately appeal to the D.C. Circuit a ruling forcing her to arbitrate claims that Lyft unlawfully denied paid sick leave, because dragging out the case goes against federal arbitration law, the ride-hailing company has said.
Plaintiffs' attorneys want to seal the deal on a $641 million settlement over the Flint, Michigan, water crisis that objectors have said carves out too much for legal fees, arguing that the fee request is fair for the hard-fought work to secure compensation for an environmental catastrophe.
A Massachusetts federal judge said Friday securities fraud claims against a venture capital firm that was "running the show" at a fertility treatment company could go forward, rejecting arguments that the claims were late-raised by lead plaintiffs in the investor class action.
Buy-now, pay-later company Afterpay has concealed a "hidden scourge" from users: automatic transfers from users' checking accounts that resulted in overdraft and insufficient-fund fees, according to a proposed class action in California federal court.
Following a template set by Epic Games' lawsuit against Apple, plaintiffs firms have opened new antitrust fronts against closed digital ecosystems by targeting two of the world's largest video game platforms.
The race is on for Senate Democrats to get support from 10 Republican colleagues for the Paycheck Fairness Act after Senate Majority Leader Chuck Schumer, D-N.Y., on Friday scheduled his party's priority wage legislation for a vote in early June.
Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.
As companies respond to changing circumstances including the COVID-19 pandemic and ongoing social justice struggles, they should be aware of advertising, marketing and promotion practices that may increase scrutiny from regulators, competitors and class action plaintiffs, say Amanda Beane and Jason Howell at Perkins Coie.
A California appellate court’s recent affirmation of a trial court decision not to certify a class for a meal break claim in Salazar v. See's Candy demonstrates how employers can use timekeeping records in their defense, even if they do not reflect full compliance, say Joseph Persoff and Vartan Madoyan at BakerHostetler.
The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.
A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.
The Judicial Panel on Multidistrict Litigation's recent decision to centralize lawsuits over coffee labeling in Missouri, rather than in the locations suggested by either the plaintiffs or the defendants, highlights how venue selection can be one of the most unpredictable aspects of MDL practice, says Alan Rothman at Sidley.
The Ninth Circuit’s pending decision in Pirani v. Slack — brought in the wake of the U.S. Securities and Exchange Commission’s recent rule changes allowing companies to circumvent the traditional initial public offering process — could upend shareholders’ primary recourse against companies that issue false and misleading statements, say John Browne and Lauren Ormsbee at Bernstein Litowitz.
Rebuttal
While corporations and tort reform groups seek to discredit plaintiffs' evidence as "junk science," as seen in a recent Law360 guest article, expert testimony standards apply to both sides of the aisle, and there is no evidence that junk is supplanting justice in consumer litigation, says Leigh O'Dell at Beasley Allen.
Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.
After the U.S. Supreme Court's 2016 Spokeo v. Robins decision made it harder for plaintiffs to establish violations of consumer protection statutes such as the Fair Debt Collection Practices Act, federal appeals courts didn't immediately fall in line — but recent decisions suggest that the tide may be turning, say Brett Watson and Karl Riley at Cozen O'Connor.
The First Circuit’s recent holding in U.S. Securities and Exchange Commission v. Morrone cements a new circuit split over when a securities transaction is considered domestic, introducing new wrinkles to the already-vague standards courts have relied on to interpret the U.S. Supreme Court's Morrison test, say Eric Belfi and David Saldamando at Labaton Sucharow.
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While cryptocurrency’s popularity is growing, companies that agree to pay workers with virtual money are likely to face minimum wage and overtime compliance challenges, exposure to class action claims based on value fluctuations, and several logistical hurdles, says Eliot Rushovich at Rise Law.
Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.
Opinion
The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.
Motions to dismiss the first pandemic-related securities class actions were met with varying degrees of success, but show that plaintiffs still face hurdles bringing claims related to COVID-19's impact on a company's operations, and highlight ongoing litigation and enforcement risks issuers should consider, say Robert Long and Elizabeth Clark at Alston & Bird.
