Class Action - The Class Action Blog by Carr Maloney PC

Supreme Court Declines to Consider New Pleading Standard for Securities Fraud Claims

On December 11, 2024, the Supreme Court dismissed NVIDIA Corporation’s appeal, allowing a class action securities fraud case to move forward towards trial.

The Plaintiffs originally brought the case in the United States District Court for the Northern District of California, alleging that during the class period May 10, 2017, through November 14, 2018, NVIDIA’s executives knowingly or recklessly made false or misleading statements to their investors by downplaying the potential effects that crypto mining or crypto currency sales would have on their gaming revenue. More specifically, the Plaintiffs alleged that 1) NVIDIA’s executives had knowledge that […]

By Matthew D. Berkowitz and Nima Youchidje|2024-12-18T16:19:39-05:00December 18th, 2024|Practice Areas: Class Action|Topics: Class Action, matthew d. Berkowitz, nima youchidje, securities fraud|

Read the Full Article

23andMe Reaches Proposed Settlement in Data Breach Class Action

In November 2023, a class action lawsuit was filed against the genetic testing company, 23andMe. The plaintiffs alleged that a data breach resulted in the unauthorized disclosure of 6.9 million users’ personal and genetic information, including their names, contact information, ancestry reports, and DNA matches. Despite the fact that the breach began in April 2023 and lasted several months, the plaintiffs alleged that 23andMe failed to warn its users of the breach until October 2023 thereby causing further harm.

Although the parties began the arbitration process, the parties asked the US District Court for the Northern District […]

By Matthew D. Berkowitz|2024-09-23T12:11:01-04:00September 23rd, 2024|Practice Areas: General|Topics: 23 and me, Class Action, Data Breach, matthew d. Berkowitz, sasha magruder|

Read the Full Article

Preliminary Approval of Settlement in Cannabis Dispensary Employee Class Action Lawsuit

The New Mexico federal court preliminarily approved a class action settlement for $525,000 in a wage claim asserted by a group of hourly employees from two cannabis dispensary chains, Medicine Man Technologies, Inc. (which does business in New Mexico as Schwazze) and R. Greenleaf Organics, Inc.

The “budtenders,” as the employees are classified, typically earn more than $30 per month in tips in addition to an hourly rate of $15.75. The lawsuit alleges that it is company-wide policy for cash tips to be pooled and distributed to employees at the end of each workday in proportion to […]

By Stephen Rutigliano and Tina Maiolo|2024-04-12T13:30:53-04:00April 12th, 2024|Practice Areas: Class Action|Topics: cannabis dispensary, cannabis law, Class Action, class action settlement, lawsuit, new mexico|

Read the Full Article

Supreme Court Evaluates Private Cause of Action for Allegedly Lying by Omission

On January 16, 2024, the Supreme Court heard oral argument in Case Number 22-1165, Macquarie Infrastructure Corp., et al. v. Moab Partners, L.P., et al. Before the Court was whether a “failure to make a disclosure under Item 303 of the SEC regulation S-K can support a private claim under Section 10b of the Exchange Act, even in the absence of an otherwise misleading statement.”

Between February 2016, and February 2018, Macquarie Infrastructure Corporation (MIC) in various Management’s Discussion and Analysis allegedly “disclosed a few known trends that would affect their bottom line but omitted” a new […]

By Kelsey Williams|2024-02-05T15:06:30-05:00February 5th, 2024|Practice Areas: Class Action|Topics: Case Number 22-1165, Class Action, Exchange Act, Investor Lawsuit, Investors’ Rights, Investors’ Rights Expansion., Item 303, L.P., Legal Implications, Macquarie Infrastructure Corp., Management’s Discussion and Analysis (MD&A), Material Fact, Misleading Statements, Moab Partners, Omissions, Private Cause of Action, Rule 10b-5, SEC Enforcement, SEC Regulation S-K, Supreme Court, Transparency|

Read the Full Article

United States Supreme Court Grants Certiorari to Decide Coinbase’s Arbitration Dispute

On November 3, 2023, the United States Supreme Court granted certiorari and agreed to hear the Ninth Circuit’s decision in Coinbase Inc. v. Suski. The Supreme Court is expected to review the Ninth Circuit’s decision ruling that Coinbase’s dispute with its cryptocurrency users is to be resolved by the Court and not via arbitration.

Coinbase’s User Agreement provides that any dispute between one of the largest cryptocurrency exchange platforms and its users will be resolved through arbitration and not through the courts. A delegation clause in the User Agreement also stated that all issues surrounding the enforceability […]

By Matthew D. Berkowitz and Nima Youchidje|2023-11-07T11:42:37-05:00November 7th, 2023|Practice Areas: Class Action|Topics: Class Action, Coinbase, cryptocurrency, Suski|

Read the Full Article

COURT REJECTS USE OF ARTIFICIAL INTELLIGENCE TO SUBMIT CLASS CLAIMS

A federal court recently approved a $255 class settlement against Juul for economic losses to consumers who purchased the product but were misled about its addictiveness, causing them to overpay. In re: Juul Labs Inc., Marketing, Sales Practices and Products Liability Litigation, case number 3:19-md-02913, in the U.S. District Court for the Northern District of California. However, the Court rejected the use of the Artificial Intelligence or AI platform “ClaimClam” to submit class settlement claims and objections en masse. ClaimClam purportedly aggregates and submits claims in exchange for a percentage of each claimant’s recovery.

As is typical […]

By Jeffrey Brundage|2023-10-19T09:38:44-04:00October 19th, 2023|Practice Areas: Class Action|Topics: claimclam, Class Action, consumers, false advertising, FDA, Juul|

Read the Full Article

Recipients of Telemarketing Calls Made on Behalf of DirecTV Granted Class Certification in Class Action Lawsuit

On August 1, 2022, the United States District Court for the Northern District of West Virginia granted class certification to a group of about 114,000 individuals who, despite being on the national Do-Not-Call Registry, received at least two robocalls placed on behalf of DirecTV. The court concluded that this was “a model case for the application of the class action mechanism.”

In 1991, Congress enacted the Telephone Consumer Protection Act (“TCPA”), which, among other things, created a Do-Not-Call Registry that prohibited the initiation of telephone solicitations to residential telephone numbers listed on the registry. The TCPA provides […]

By Brian O’Shea and Kelsey Williams|2022-10-07T11:37:47-04:00October 7th, 2022|Practice Areas: Class Action, Consumer Protection|Topics: Class Action, Class Certification, DirecTV, TCPA|

Read the Full Article

JUUL: Now in Certified Class Action Flavor

On June 28, 2022, the United States District Court for the Northern District of California certified four separate plaintiff classes in the nationwide JUUL electronic cigarette litigation. Certification of a plaintiff class is necessary for a class action lawsuit to proceed. The lawsuit alleges teen injury, fraud, and RICO violations against JUUL Labs and others, for the allegedly addictive and harmful effects of JUUL’s products.

In opposition to class certification, the JUUL Defendants argued that the proposed class lacked “commonality” because each potential plaintiff made an individual decision to purchase products containing nicotine or other addictive ingredients. […]

By Brian O’Shea and Stephen Rutigliano|2022-07-26T11:15:36-04:00July 26th, 2022|Practice Areas: Class Action, General|Topics: Class Action, Class Certification, Juul|

Read the Full Article

We’re Open: Enter At Your Own Risk

Since releasing our most recent podcast episode, athletic events and concert venues have been slowly reopening at different capacities depending on the state, but what kinds of claims are arising out of these reopenings?

Carr Maloney attorneys Matthew D. Berkowitz, Brian O’Shea, and Samantha Lewis sit down to discuss possible causations of these class action claims and how to form an argument around the defense.

Listen along to Carr Maloney’s most recent COVID-cast episode below:

By Matthew D. Berkowitz, Brian O’Shea and Samantha Lewis|2021-02-23T15:11:53-05:00February 23rd, 2021|Practice Areas: Podcast|Topics: Class Action, Podcast|

Read the Full Article