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Class Action
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September 22, 2025
Amazon Suit Claims Prime Day Deals Based On Phony Prices
Amazon's deep Prime Day sales deals mislead consumers by calculating the advertised savings based on bogus list prices that customers don't actually pay, according to a proposed class action filed Monday in Washington federal court.
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September 22, 2025
National Instruments Investors Granted Class Cert.
A New York federal judge has certified a class of investors who sold National Instruments Corp. stock during two windows in 2022 while the company was repurchasing shares and considering an acquisition offer, finding that reliance can be presumed and damages can be measured on a class-wide basis, among other things.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.
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September 22, 2025
Catching Up With Delaware's Chancery Court
Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.
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September 22, 2025
Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule
A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.
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September 22, 2025
NC Farms Didn't Jointly Employ Migrant Farmers, Judge Says
Three farm operators didn't jointly employ two Mexican migrant farmers who accused them of failing to reimburse workers for travel and visa expenses and requiring illegal kickbacks for meal charges, even though the farms filed H-2A visa applications together, a North Carolina federal judge ruled.
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September 22, 2025
Alorica 401(k) Participants Win ERISA Class Cert.
A California federal judge agreed Monday to certify a class of participants in business process company Alorica's 401(k) plan who alleged that high fees and poorly performing investments violated federal benefits law, holding that the proposed 4,000-member group had enough in common to warrant the court's signoff.
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September 22, 2025
Barclays Credit Card User Must Arbitrate Meta Privacy Suit
A Barclays customer must arbitrate his putative class action alleging it discloses his interactions on the bank's website with Meta Platforms Inc. while logged into his Barclays account, after a New York federal judge said Friday his subsequent use of his credit cards supports that he received cardholder agreements containing arbitration provisions.
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September 22, 2025
Ga. Tip Theft Attys Secure $226K Fee Award
A Georgia federal judge awarded $226,000 in attorney fees to the lawyers behind a $161,000 verdict earlier this year against an Atlanta restaurant that was accused by servers of illegally pocketing their tips and docking their wages.
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September 22, 2025
Mich. Judge Won't Certify Class In Dental Insurer TCPA Suit
A Michigan federal judge won't certify a proposed class alleging Solstice Benefits sent unsolicited faxes to customers in violation of the Telephone Consumer Protection Act, finding that determining members of the class would require highly individualized inquiries that would essentially defeat the purpose of a class action.
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September 22, 2025
Floridians Defend Moore & Van Allen Malpractice Claims
A proposed class of Floridians accusing Moore & Van Allen PLLC of mishandling their employee stock ownership trust have told a federal court that a change in venue is unwarranted, and that despite the law firm's claims to the contrary, they have personal standing to sue on behalf of the trust.
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September 22, 2025
Hard Rock Cafe Can't Beat Workers' Tip Wage Suit
A class of servers supported their claims that Hard Rock Cafe International required them to perform excessive untipped work without paying them full minimum wage, a Georgia federal court ruled, rejecting the chain's argument that they didn't lose their tipped-employee status.
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September 22, 2025
Anthem's $12.9M ERISA Deal Clears First Hurdle
A New York federal judge has granted preliminary approval to a nearly $12.9 million settlement resolving claims that Anthem wrongfully denied coverage for residential behavioral health treatment under employer-sponsored health plans.
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September 22, 2025
Mayo Clinic Can't Fully Nix Suit Over Withheld Benefits Info
The Mayo Clinic and its benefits administrator can't entirely escape a worker's suit claiming they pushed her to work with pricey out-of-network providers and wouldn't provide reimbursement estimates, after a Minnesota federal judge said she supported some federal benefits law claims with enough detail to remain in court.
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September 22, 2025
Dorel Sued Over Fall From Recalled Kitchen Step Stool
A New York woman is suing Dorel Home Furnishings Inc. in a proposed class action in Missouri federal court, alleging she fell because of a defect in the company's step stool that caused its safety handle to break off while she was on it.
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September 19, 2025
NY County Says It's Immune From Immigrant Detention Suit
Long Island officials on Friday asked a New York federal judge to throw out a class action brought by immigrants who say they were unlawfully detained past their release dates at the request of federal immigration authorities, saying local law enforcement has federal sovereign immunity when acting in cooperation with the feds.
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September 19, 2025
IBS Drug Buyers Win Class Cert. In Takeda Antitrust Case
A Massachusetts federal judge on Friday certified buyer classes in litigation alleging Takeda Pharmaceutical broke antitrust law by cutting a pay-for-delay deal with Par Pharmaceuticals to keep a generic version of Takeda's anti-constipation drug Amitiza off the market for several years.
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September 19, 2025
Nvidia Objects To Class Cert. In Former High Court Case
Nvidia has urged a California federal court to not grant class certification in a case that briefly went before the U.S. Supreme Court, arguing the plaintiffs' claims that the company failed to inform investors about its reliance on the volatile crypto market are too individualized to proceed as a group.
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September 19, 2025
BofI Directors Beat Investor Suit Over Whistleblower Probe
A California federal judge has permanently dismissed a shareholder derivative suit against the top brass of BofI Holding Inc. accusing them of misconduct that led to a costly internal investigation into a whistleblower's allegations, finding the plaintiff failed to demonstrate that a pre-suit demand upon the board would have been futile.
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September 19, 2025
Fla. Court OKs $20M Settlement In Fortra Data Breach MDL
A Florida federal judge gave final approval to a $20 million class action settlement as part of multidistrict litigation over theft of personal information from millions of U.S. citizens in a health data breach tied to a Russian ransomware group.
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September 19, 2025
MLB App Breaches Led To Lost, Stolen Tickets, Fan Claims
Major League Baseball's mobile ticketing app has had systemic security breaches resulting in the disappearance or theft of game tickets throughout the season, with MLB failing to fully acknowledge the problem and leaving fans "in the lurch,'' according to a proposed class action in New York federal court.
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September 19, 2025
AmTrust Investors Seek Class Cert. After 2nd Circ. Revival
AmTrust investors have asked a New York federal judge to certify three subclasses covering those who purchased stock in the insurer's $320 million initial public offering, after the Second Circuit revived their case against the firm and its auditor BDO USA LLP over financial restatements AmTrust had to make.
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September 19, 2025
Estée Lauder Faces Derivative Suit In Del. After Stock Drops
An Estée Lauder Inc. stockholder filed a derivative lawsuit late Friday against the cosmetics giant's officers and directors in Delaware's Court of Chancery, seeking recoveries over a $41 billion market capitalization plunge after a long-undisclosed reliance on "gray market" sales in China came to light.
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September 19, 2025
Aerospace Co. Workers' 401(k) Management Suit Falls Flat
An aerospace technology company Friday largely defeated a proposed class action alleging its 401(k) plan was loaded with costly and underperforming investment options after a California federal judge said plan participants hadn't shown the investment strategy was unreasonable.
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September 19, 2025
Court Unseals Deals Ending Worker Row With Car Tech Maker
A North Carolina federal judge who plans to unseal a settlement to a wage and hour suit against an automotive technology manufacturer on Monday unsealed a portion of the deal on Friday, revealing the company paid $175,000 to settle one plaintiff's non-wage claims.
Expert Analysis
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Class Standing Issues Still Murky After Justices Punt LabCorp
While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Opinion
9th Circ. Shopify Decision Gets Personal Jurisdiction Wrong
The Ninth Circuit's recent opinion in Briskin v. Shopify, rejecting the differential targeting requirement for personal jurisdiction, not only deviates from long-standing jurisprudence, but it also significantly expands the reach of internet-based claims under California law, says Matthew Pearson at Womble Bond.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Tips To Avoid Consumer Tracking Tech Class Actions
Recent class actions alleging Trade Desk illegally tracked millions of consumers through its advertising platform highlight growing data privacy compliance concerns over digital tracking practices, but there are disclosure best practices businesses can take to reduce litigation risk, says David Wheeler at Neal Gerber.