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Class Action
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September 11, 2025
BofA Still Can't Block Exec Depositions In COVID Fraud MDL
A California federal judge has refused to rethink his earlier order requiring Bank of America NA's CEO and former chief operating officer to sit for depositions in multidistrict litigation over alleged security failures at the bank during the COVID-19 pandemic, ruling the bank hasn't shown he erred.
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September 11, 2025
Google's 'Failure To Communicate' In AI Fight Irks IP Judge
A California magistrate judge presiding over discovery in a proposed class action alleging Google's artificial-intelligence training models infringed artists' copyrights on Thursday refused, for now, to appoint a special master after plaintiffs accused Google of delaying data production by months, but she expressed frustrations with Google counsel's "failure to communicate."
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September 11, 2025
Ex-Nikola CEO Seeks To Undo Investor Class In Fraud Case
Former Nikola CEO Trevor Milton on Thursday asked an Arizona federal judge to decertify at least part of a class of investors accusing him and the company of exaggerating the viability of Nikola's technology and its business prospects, arguing the lead investors didn't identify and contact class members during discovery.
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September 11, 2025
Users Accuse Encyclopaedia Britannica Of Privacy Invasion
Encyclopaedia Britannica website users have sued the digital reference platform in federal court on claims that it violates the California Invasion of Privacy Act by closely tracking their online activity and selling that information to third parties, including Facebook.
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September 11, 2025
Colo. Judge Says $1.5M Damages Request May Be 'Piling On'
A Colorado federal judge was skeptical Thursday to award a $1.5 million default judgment against the owner of a now-defunct metal fabrication and construction company who was accused by former employees in a class action of failing to pay wages in the months before the business filed for bankruptcy.
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September 11, 2025
6th Circ. Backs Toss Of Suit Over Alleged Jif Contamination
A Sixth Circuit panel affirmed a lower court win for J.M. Smucker Co. on Wednesday, saying customers in a proposed class action over a Jif peanut butter recall lacked proof that their specific items were contaminated with salmonella bacteria.
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September 11, 2025
Weedmaps Shouldn't Get To Exit Fraud Suit, Investor Says
Weedmaps Technology Inc., a cannabis tech company that was fined by federal regulators for allegedly misleading investors, shouldn't be allowed to escape an investor-led proposed class action, the lead plaintiff has told a California federal court, saying the company's arguments defy common sense and understandings of the word "engage."
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September 11, 2025
Moelis Says Pact Spurring Del. Corp. Law Rework Is Lawful
Attorneys for Moelis & Co. have told Delaware's justices that a stockholder agreement that solidified Ken Moelis' control of the investment bank was either valid or lawfully obtainable by other means before the Court of Chancery struck it down last year, with time to challenge key provisions long since expired.
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September 11, 2025
Insulin Makers Ask 2nd Circ. To Rethink Collusion Claims
Sanofi-Aventis US, Eli Lilly & Co., Novo Nordisk Inc. and AstraZeneca Pharmaceuticals LP are asking for a rehearing after a Second Circuit panel revived a proposed class action from safety-net hospitals and clinics accusing the companies of increasing insulin drug costs by agreeing to limit participation in a discount program.
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September 11, 2025
11th Circ. Seeks Additional Briefing In Mortality Table Suit
The Eleventh Circuit has requested additional briefing on what the term "actuarial equivalence" meant when the Employee Retirement Income Security Act was enacted in an appeal by married utility company retirees who filed a class suit claiming their pension benefits were lowballed due to outdated mortality tables used in conversions.
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September 11, 2025
3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11
Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.
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September 11, 2025
Dental Supply Co.'s $84M Price-Fixing Deal Gets Final OK
Dental supply company Dentsply Sirona Inc. and its investors have gotten final approval for an $84 million deal resolving consolidated shareholder class action claims that the company hurt investors by concealing a price-fixing scheme and a distributor's inventory buildup.
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September 11, 2025
$8.7 Million Data Breach Deal Gets Preliminary Approval
A human resources and employee benefits management company moved one step closer to resolving a consolidated, proposed class action over a data breach that affected roughly 580,000 individuals as a California federal court gave preliminary approval to an $8.7 million settlement.
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September 11, 2025
NY Judge Lets Baosheng IPO Suit Proceed But Drops Auditors
A New York federal judge has ruled that investors can move forward with claims that Baosheng Media misled them by failing to disclose an investigation by Chinese authorities ahead of its initial public offering, but found they'd failed to state a claim against the auditor defendants in the suit.
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September 11, 2025
Audible Credit Suit Raises Question On Wash. Gift Card Law
A federal judge in Seattle has floated asking Washington's high court to clarify the scope of the Evergreen State's gift card law, suggesting on Thursday that a consumer suit over expiring Audible credits hinges on whether the statute only covers instruments with monetary value.
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September 11, 2025
Mich. Judge Greenlights Fiat Chrysler Engine Fire Settlement
A Michigan federal judge on Thursday granted preliminary approval to a settlement between drivers and FCA US LLC to resolve claims that the automaker sold trucks with an engine defect that could cause fires.
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September 11, 2025
Disney Flouts Privacy Law By Exploiting User Data, Suit Says
The Walt Disney Co. is flouting privacy laws by illegally gathering and sharing with Google personal information of individuals who visit its website for data monetization and advertising purposes, without their knowledge or consent, according to a proposed class action filed in California federal court.
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September 11, 2025
Execs Seek Exit From Predatory Loan Suit Naming Tribal Biz
Company executives accused of operating a predatory lending scheme involving the Crow Creek Sioux Tribe have asked a California federal judge to strike class allegations against them and send the suit to arbitration, saying the lead plaintiff waived his right to bring class actions in his loan agreement.
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September 11, 2025
Philly Police Seek Class Cert. In Emergency OT Pay Suit
A group of "ranking officers" in the Philadelphia Police Department on Thursday asked a federal judge to certify a class of approximately 230 current and former officers for their lawsuit alleging they weren't informed of their eligibility for overtime pay.
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September 11, 2025
BofA Wants Quick 4th Circ. Appeal In 401(k) Forfeiture Suit
Bank of America wants to appeal a North Carolina federal court's denial of its dismissal bid in a proposed class action filed on behalf of 401(k) participants alleging the bank misspent forfeitures from workers' retirement plan.
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September 11, 2025
LifePoint Must Face Workers' 401(k) Mismanagement Suit
A Tennessee federal judge refused to toss a proposed class action against LifePoint Health Inc. from participants in the healthcare company's employee 401(k) plan who alleged their retirement savings were dragged down by excessive recordkeeping and administrative fees, concluding allegations were sufficiently backed up to proceed to discovery.
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September 11, 2025
Capital One Unit Can't Nix OT Misclassification Case
A Virginia federal judge ruled that a former Capital One employee can concurrently pursue claims under federal and state overtime laws, adding that the bank made some premature arguments when it tried to toss a suit accusing it of misclassifying learning associates as overtime-exempt.
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September 11, 2025
Yale New Haven Offers $18M To Settle Data Breach Claims
Yale New Haven Health Services Corp. has offered to create an $18 million global fund to settle what were once multiple lawsuits surrounding a March 8 data breach that affected more than 5 million individuals, according to a motion seeking a Connecticut federal judge's preliminary approval.
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September 11, 2025
2nd Circ. Says 9/11 MDL Firm Must Wait To Appeal Sanctions
Sanctions imposed against a New York firm for leaking a document in violation of a protective order in the multidistrict litigation over the Sept. 11 attacks are too closely tied to the merits of the case for an appellate panel to consider tossing them, the Second Circuit has determined.
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September 11, 2025
Luminar Must Face Investor Suit Over Image Rip-Off Claims
Autonomous vehicle technology company Luminar Semiconductor Inc. cannot escape the latest version of a proposed investor class action alleging that it passed off an image of a competitor's technology as its own after a Florida federal judge found that the amended suit now sufficiently pleads that the company made material misrepresentations.
Expert Analysis
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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Implications Of Kid Privacy Rule Revamp For Parents, Cos.
The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.