How Science Is Driving a Rise in Consumer Class Actions: The Morning Minute
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February 11, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
SCIENCE CLASSES - What do dried oregano, baby food and sunscreen all have in common? Aside from being beach essentials, they also happen to all be the subjects of consumer class actions alleging they contain harmful materials unbeknownst to buyers. As Law.com's Amanda Bronstad reports, the lawsuits all cite scientific research from nonprofit organizations, such as Healthy Babies Bright Futures and Consumer Reports, which found trace amounts of toxic substances in the products. The cases are still in their early stages: federal judges mostly have consolidated the lawsuits and appointed lead counsel. But the class action bar is enthusiastic about the success of the lawsuits. "These are serious issues facing consumers and, in the case of baby foods and some other products, specifically facing children," said Kevin Laukaitis of Shub Law in Haddonfield, New Jersey. His firm has filed cases involving all the various products, including, in the past month, spices made by McCormick & Co., Morton & Bassett and La Flor. "These issues are pretty prevalent in the news today, so that gains momentum in the legal world and scientific world. And, when you have momentum, you want to ride it."
MISSION: RESPONSIBLE - "The Great Resignation" has a nice ring to it but it might be a misnomer. As a recent contributor to Corporate Counsel pointed out, maybe it should really be called the "Great Reflection" due to the fact that we're not seeing lawyers question whether they should be practicing law, but rather reflecting on how, why, and for whom they practice it. With that in mind, in-house legal department leaders looking to attract and retain top talent are beginning to understand that, while they can't beat Big Law when it comes to money, they might be able to stay in the game by offering more meaningful work, Law.com's Heather Nevitt writes in this week's Barometer newsletter. For example, Richard Harvey, executive VP, GC and director of compliance risk of Beneficial State Bank, recently said the latter is what has allowed his company to remain competitive in the talent wars."… [O]ne of the big reasons why people were willing to join us was because of our unique mission," he said. "Time and time again, when I'm talking to candidates and I'm asking them, "Well, what was it about this organization that made you interested in giving us a look-see?" What they would tell me is that it's the mission." To receive the Law.com Barometer directly to your inbox each week, click here.
WHO GOT THE WORK?℠ - Lawyers at Morgan, Lewis & Bockius on Thursday removed an employment class action against Pepperidge Farm, the maker of Goldfish crackers and Milano cookies, to New Jersey District Court. The suit, filed by McOmber, McOmber & Luber, alleges that the company misclassified delivery drivers for sales territories in New Jersey as "independent contractors" in order to pay the class lower wages. The case is 2:22-cv-00542, Mcmillan v. Pepperidge Farm, Incorporated et al. Read the complaint on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients
BREEDING ANIMOSITY - Michael Best & Friedrich filed a lawsuit against the state of Illinois Thursday in Illinois Northern District Court challenging a rule banning the sale of dogs raised by professional breeders in favor of dogs from animal shelters. The complaint was brought on behalf of Starfish Ventures and other plaintiffs contending that the rule threatens the viability of small pet shops that wish to serve customers seeking to purchase purebred dogs from reputed sources. The case is 3:22-cv-50038, Siaurora, Inc. et al v. State of Illinois et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
Spicing It Up: Scientific Reports Drive New Wave of Class Actions By Amanda Bronstad Bar Associations Want to Stay Relevant, Law Schools Want Their Grads to Succeed. Are Partnerships the Answer? By Christine Charnosky Appeals Court: CIA Can Withhold Info About Detention and Interrogation Program Amid ACLU's Torture Allegations By Allison Dunn Medic Who Responded to Shooting on 'Rust' Movie Set Files Suit Alleging 'Severe Emotional Distress' By Marianna Wharry How I Made Partner: 'Time Management, Prioritization, and Personal Accountability Were Vital to My Success,' Says Andrea Kerstein of Locke Lord By Tasha Norman|
WHILE YOU WERE SLEEPING
CASHING OUT - Many corporate legal departments may well be able to offer more fulfilling work than their Big Law competitors can. But, right now in the U.K., many in-house lawyers are pondering heading back to the law firm world, where they figure they can fulfill themselves with the absolutely whacky amounts of cash being thrown around. "Do people really want to go back to private practice? Not really. But when the money is sky high, you do think properly about it," one U.K. head of legal at a global bank told Law.com International's Varsha Patel. Still, despite the incredibly strong pull of private practice paychecks, some in-house lawyers have thought better of making the leap. "The pay is astonishing and I've flirted with the idea of going back,"one London based tech head of legal said. "I got quite far in the process but then declined because I knew in another five years I would've gone back to in-house".
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WHAT YOU SAID
"It was only about an hour and a half to two hours, where they had to actually be present and answer questions, whereas before, it could take all day where we're at the courthouse not able to do anything else."
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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