blog - Stoll Berne | Attorneys | Class-Action, Securities, IP, Real Estate, Business Litigation

Rail company Norfolk Southern is facing a potential class action lawsuit for the recent Ohio train derailment. The suit was filed in the U.S. District Court for the Northern District of Ohio by three people that resided near the derailment.

The lawsuit alleges that due to forced evacuations and potential fume exposure, plaintiffs were harmed. The train that derailed was carrying chemicals. As of the filing of the Complaint, some residents had still not been allowed to return. The lawsuit is also asking for the railroad company to retain their crash records and to allow examination of equipment at the crash site before removal.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

In a recent proposed class action lawsuit against Chick-fil-A, plaintiffs claim that the company used Facebook’s parent company, Meta, to retarget them for watching video advertisements via Meta’s pixel tracker. Pixel trackers are common practice in the social media advertising spectrum, however, according to this lawsuit, they allege that Chick-fil-A violated the Video Privacy Protection Act (VPPA). The VPPA does not allow personal identifiable information (“PII”) via videos. They allege while common in other types of advertising tracking, the VPPA specifically excludes tracking via video advertisements with the users’ consent.

The lawsuit is Carroll v. Chick-fil-A, Inc., U.S. District Court for the Northern District of California, Case No. 3:23-cv-314.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

A recently filed lawsuit alleges that a revenue management platform used by Las Vegas strip hotels, Rainmaker, used a system to keep rooms priced high so the competition would not undercut pricing. The lawsuit claims Rainmaker’s algorithm allowed the alleged price-fixing to occur at the expense of the consumer. Rainmaker does not use the same algorithms or system as Expedia or TripAdvisor. Those companies display current pricing and rates. Rainmaker does not and recommends future pricing to hotels. According to the lawsuit, hotels then use that information to set their pricing.

Cendyn Group, MGM Resorts International, Caesars Entertainment Inc., Treasure Island LLC, and Wynne Resorts Holdings are all named in the proposed class action.

The lawsuit is Gibson et al. v. MGM Resorts International et al., U.S. District Court for the District of Nevada, Case No. 2:23-cv-00140.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

Southwest Airlines is facing two potential class action lawsuits in California due to problems faced by customers in December 2022 as a result of cancelled flights. The suits claim that Southwest knew that given the circumstances their flight schedule was non-operational and would lead to cancellations but still allowed customers to book flights and/or change flights.

The lawsuits allege that Southwest Airlines was not transparent about the operational failures during the December 2022 holiday season which led to more than 15,000 flight cancellations. The suits further allege that Southwest Airlines’ software technology for scheduling was inadequate and left itself vulnerable to bad weather issues.

The lawsuits seek monetary compensation for those who had problems with their flights including those whose holidays were negatively impacted or cancelled.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

Stoll Berne attorney Emily Johnson presented at an Oregon Trial Lawyers Association CLE on February 13, 2023. Emily presented on Protective Orders – Consumer Protection Section Meeting, from Noon-1:00 p.m. Emily provided a broad overview of the role of protective orders in civil litigation, including when protective orders can be beneficial, and how to oppose overly burdensome protective orders from defense counsel. To learn more about the event, please visit OTLA’s registration page.

Several laid-off Twitter employees were informed by a recent ruling in their proposed class action lawsuit that they must pursue their claims via individual arbitration instead. The lawsuit claims that the employees were not adequately notified of the layoff after Elon Musk purchased Twitter. The lawsuit further alleges they did not receive their entire severance package and some claim sex or disability discrimination.

Three former employees allege they opted out of the company’s arbitration agreement. Therefore, the court left the option open for a potential class action lawsuit for those that opted out.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

Stoll Berne attorney Cody Berne presented at a Multnomah Bar Association CLE on March 14, 2023. Cody, along with co-presenter Bryson Davis of PNW Business Law LLC, presented on Investment Deals and Investor Litigation, A Conversation Between a Business Lawyer and a Litigator About Practicing Securities Law, from Noon-1:00 p.m. To learn more about the event, please visit the Multnomah Bar Association’s registration page.

A U.S. District Court Judge in Oregon recently refused to certify a proposed sex discrimination class action filed by a group of current and former female employees against Nike. The ruling cited insufficient evidence that a potential class of 5,200 female employees were harmed due to a company policy or practice of basing lower pay for female employees due to their former job’s pay.

The case originally alleged that female employees were paid on average $11,000 a year less than male counterparts. Nike claimed there was no discrimination. The ruling did not dismiss that there is a pay discrepancy but that plaintiffs did not provide the statistical data to show that previous job’s starting pay was used as a data point in that determination.

While the class certification has been denied, the 14 plaintiffs in the case can proceed with their individual claims.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

A class action was recently certified on behalf of more than two million California drivers. The lawsuit alleges that Geico Corp. overcharged their insureds during the initial months of the COVID-19 lockdowns because the lockdowns forced drivers to change their driving behavior which led to lack of use and a lack of risk by Geico.

Geico has already provided some relief to policyholders in the form of credits, discounts, and renewals. However, the class action lawsuit alleges that it was not enough.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

Stoll Berne, as Special Assistant Attorney General to Oregon Attorney General Ellen Rosenblum and the Oregon Department of Justice, along with its partners at Seattle’s Keller Rohrback, are pleased to announce the settlement of State of Oregon v Monsanto for the amount of $698,000,000 ($698 Million). The lawsuit and settlement relate to PCB damage caused by Monsanto to Oregon’s waters, fish and wildlife, as detailed in Attorney General Ellen Rosenblum’s statement below.

Stoll Berne partner Keith Ketterling said, “Oregon’s environment and wildlife are the jewels of this state. Compelling and awesome but requiring constant vigilance to protect what we hold pristine in our state. This is a tremendous outcome, reflecting the hard work of our team, the Oregon DOJ and our partners at Keller Rohrback. Stoll Berne is honored to represent the State of Oregon, and work under the leadership of Attorney General Rosenblum.”

Stoll Berne partner Jen Wagner noted that, “Our firm is proud to have been instrumental in holding Monsanto accountable and securing the largest settlement ever to the State of Oregon for the protection of its waters, fish and wildlife.”

Stoll Berne, who started trial on this case May 23, 2022, was led by attorneys Keith Ketterling, Jen Wagner, Steven Larson, Steven Berman, Lydia Anderson-Dana, Elizabeth Bailey, Emily Johnson, Maddie Holmes, Litigation Director Angel Falconer, and many others at the firm.

The announcement of General Rosenblum can be found here: Attorney General Rosenblum Announces Largest Environmental Damage Recovery in Oregon History.

Two employees of Fred Meyer have filed a $5 million wage class action lawsuit against the grocery chain for violating Oregon’s wage laws. The lawsuit claims that due to Fred Meyer’s new payroll system installed in September 2022, technical issues caused some employees to be partially paid or not paid at all for their time worked. The lawsuit alleges that some people have missed multiple weeks of pay.

One of the plaintiffs worked for a Portland store and the other for a store in Medford.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

Virgin Galactic Holdings and Richard Branson are facing a proposed class action lawsuit. The Plaintiffs in the lawsuit are shareholders who claim that both Virgin and Branson made statements about the flight program that led them to overpay for company shares. The lawsuit also alleges that the claims made by Virgin and Branson that the Unity rocket plane was successful are not accurate, because the Unity rocket was critically damaged in its test flight.

The stock is trading 90% lower than at its peak performance in early 2021. Shareholders allege that after the flight on which Branson was aboard flew outside the flight plan, but the defendants stated there were no problems. Plaintiffs allege the misstatements led to $301 million in stock sold after the flight.

Shareholders who purchased stock from July 10, 2019 to October 14, 2021 are intended to be included in the lawsuit.

The case is Kusnier et al v. Virgin Galactic Holdings Inc. et al, U.S. District Court, Eastern District of New York, Case No. 21-03070.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

A transgender teenager’s gender-affirming care is at the heart of a potential class action lawsuit against Blue Cross Blue Shield of Illinois. According to the lawsuit, Blue Cross Blue Shield of Illinois refused to cover the gender-affirming care as part of an employer plan, which is a violation of the anti-discrimination provision in the Affordable Care Act.

Plaintiffs allege they are covered by an employer plan through Catholic Health Initiatives that is administered by Blue Cross. Blue Cross refused coverage citing a blanket exclusion for services related to gender transition. The lawsuit states that religious employers can assert an exemption from the Section 1557 of the Affordable Care Act but that Blue Cross is not a religious organization, and the plan is self-funded, so the exemption is not applicable.

The plaintiffs are looking to represent a class of other self-funded plans administered by Blue Cross with similar exclusions for the particular gender-affirming care.

The case is Pritchard v. Blue Cross Blue Shield of Illinois, U.S. District Court for the District of Washington, No. 3:20-cv-06145.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

FTX is facing a class-action lawsuit by investors in this cryptocurrency exchange. FTX is seeking a bankruptcy and a liquidation of its assets. The lawsuit claims that FTX, along with other former CEO Sam Bankman-Friend and several celebrities, were responsible for the damage for promoting the exchange before its market collapse earlier this month.

They claim nearly 1 million users who both purchased and/or traded, could face losses of more than $11 billion. It further alleges that the company deceived customers due to its Ponzi-like scheme with customer funds.

The lawsuit was filed in Miami, the city of FTX’s headquarters.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

Stoll Berne was recently named in the U.S. News & World Report and Best Lawyers, Best Law Firms rankings for 2023.

Firms included in the 2023 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. Our areas ranked include:

Metropolitan Tier 1 (Portland, OR):

Bet-the-Company Litigation
Commercial Litigation
Insurance Law
Litigation – Antitrust
Litigation – Insurance
Litigation – Intellectual Property
Litigation – Patent
Litigation – Securities
Mass Tort Litigation / Class Actions – Plaintiffs
Real Estate Law

Metropolitan Tier 2 (Portland, OR):

Antitrust Law
Litigation – Labor & Employment
Securities / Capital Markets Law
Tax Law

Metropolitan Tier 3 (Portland, OR):

Business Organizations (including LLCs and Partnerships)

Stoll Berne attorney Cody Berne presented at the Oregon State Bar Securities Regulation Section CLE on December 8, 2022, via Zoom. Cody, along with co-presenter Bryson Davis of PNW Business Law LLC, presented on Investment Red Flags from Noon-1:00 p.m. To learn more about the event, please visit the Oregon State Bar’s registration page.

The Portland Business Journal once again recognized Stoll Berne as a top philanthropist company in Portland for the 2021 financial year in the Small Company Category.

The firm contributed both money and employee hours to many local charitable and nonprofit causes in 2021 including: the Campaign for Equal Justice, Oregon Food Bank, Classroom Law Project, Boost Oregon, the Portland African American Leadership Forum, Albina Vision Trust, and many others.

Stoll Berne has been a major contributor to the Campaign for Equal Justice since its founding and has consistently been listed as a Guardian of Justice which is comprised of firms that give an average of $1000 or more per attorney.

At Stoll Berne, practicing law is just part of our job – our purpose is much greater. The firm encourages generosity, volunteerism, community involvement, and sustainability. And we practice what we preach.

To learn more about the Portland Business Journal’s Corporate Philanthropy Awards, click here.

Stoll Berne attorney Emily Johnson was recently selection to the 2022-2023 Oregon Trial Lawyers Associations (OTLA) Leadership Academy. The program offers educational resources to new lawyers to develop their skills and techniques and identify potential leaders within OTLA. Participants must be new lawyers with experience ranging from 0-10 years. There are several factors to selection, including experience, community involvement, commitment to OTLA and a focus on diversity to the leadership of OTLA.

Emily is an associate in Stoll Berne’s litigation group where she focuses on complex litigation matters. She joined the firm in 2021 after having practiced for another Portland law firm in personal injury litigation. She received her JD, cum laude, in 2018 from Northwestern School of Law, Lewis & Clark College and a B.A., English Literature & Swedish, magna cum laude, in 2011 from the University of Washington.

The SEC adopted rules on Wednesday last week that will require companies to have a policy to claw back erroneously awarded incentive compensation paid to current or former executives. The policy must also be filed with a company’s annual report.

SEC Chair Gary Gensler said, “I believe that these rules will strengthen the transparency and quality of corporate financial statements, investor confidence in those statements, and the accountability of corporate executives to investors.” And, through the rules and working with exchanges, the SEC has “the opportunity to fulfill Dodd-Frank’s mandate and Congress’s intention to prevent executives from keeping compensation received based on misstated financials.”

The final rules, 17 CFR Parts 229, 232, 240, 249, 270, and 274 (Release Nos. 33-11126; 34-96159; IC-34732; File No. S7-12-15), are available here: Final Rule: Listing Standards for Recovery of Erroneously Awarded Compensation (sec.gov)

The SEC originally proposed compensation recovery rules like these in 2015. According to the Wall Street Journal, “Accounting Errors to Cost Executives Their Bonuses Under SEC Rule” – WSJ, the rules passed last week are broader than what was proposed in 2015. The WSJ wrote that the 2015 proposal would have required clawbacks only if companies identified major accounting errors that required financial statements to be restated. The rules that the SEC just adopted also require companies to claw back bonuses paid to executives if they find smaller errors.

A class of consumers won a $102.6 million trial against General Motors LLC in California. The lawsuit, Siqueiros et al. v. General Motors LLC, U.S. District Court, Northern District of California, No. 3:16-cv-07244, centered around the allegations that General Motors knew about an engine issue which caused stalling and premature breakdowns in their SUVs and trucks. In 2010, GM issued dealer recommendations to address the issue and, when those recommendations failed to adequately address the issue, they changed their engine design in 2011. However, they discontinued the engine in 2014 after the redesigned engine still did not address the issue.

Owners of approximately 38,000 GM SUVs and trucks sold in California, North Carolina, and Idaho from 2011-2014 that contain the Generation IV Vortec 5300LC0 engine will each receive $2,700. GM plans to appeal.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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