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Class Action
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October 03, 2025
Off The Bench: QB Wins In Court, 'Poaching' Feud Heats Up
In this week's Off The Bench, the NCAA's bid to overturn a football player's eligibility falls short, a transgender athlete wants a potential landmark U.S. Supreme Court case stopped, and a $55 million feud between two athletic conferences continues.
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October 03, 2025
$1T Tesla Pay Proposal Sets Ambitious Goals For Musk
A massive pay proposal for Tesla CEO Elon Musk contains performance metrics that would make it tough for Musk to pull in the maximum pay available, even if the deal gets a green light from shareholders in November. Here are four things about the $1 trillion pitch that have caught attorneys' attention.
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October 03, 2025
United Aims To Ground Passengers' 'Window Seat' Suit
United Airlines Inc. is asking a California federal court to throw out a proposed class action from two passengers alleging that the airline misled them by promising window seats, only to give them seats without windows, saying the complaint is preempted entirely by federal law.
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October 02, 2025
Walmart Can't Arbitrate Suit Over Health Purchase Disclosures
A California federal judge rejected Walmart's bid to send to arbitration a proposed class action accusing the retail giant of illegally sharing information about sensitive health items that website visitors purchased, finding that the website's terms of service weren't prominent enough to establish a binding agreement to arbitrate.
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October 02, 2025
Jackson Walker Can't Duck Judge Romance Suit, Court Told
A group of bondholders Thursday urged a Texas federal judge not to throw out its suit over a former Jackson Walker LLP partner's secret romance with a bankruptcy judge, arguing that the firm "has a problem with telling the truth" and it's "back at it again."
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October 02, 2025
Landlords Will Pay $141M To Exit RealPage Rent Pricing Case
Renters have struck over $141 million in deals with landlord companies that were accused of using property management software RealPage's algorithms to fix rent prices and are now asking a Tennessee federal court to give those settlements its blessing.
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October 02, 2025
11th Circ. Denies Stay In Settled Employee Stock Plan Suit
Two Eleventh Circuit judges denied a joint request to briefly pause and remand a proposed class-action lawsuit over control of equity in a stock ownership plan pitting a Georgia-based consulting firm and its employees against plan participants, despite the parties announcing a settlement has been reached.
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October 02, 2025
Citing Injunction Ruling, Judge Grants Class Cert. In TPS Suit
A California federal judge on Thursday certified three nationwide classes of immigrants from Honduras, Nicaragua and Nepal who claimed in litigation that Homeland Security Secretary Kristi Noem unlawfully terminated their temporary protected status designations, citing the U.S. Supreme Court's decision limiting lower courts' use of nationwide injunctions.
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October 02, 2025
Del. Chancellor Advances Pruned $75B Activision Merger Suit
Delaware's chancellor kept in play late Thursday much of an Activision Blizzard stockholder suit challenging the company's $75.4 billion merger with Microsoft, rejecting multiple dismissal motions, approving others and writing that a "slimmed-down" version of the complaint can go forward — adding, "Game on."
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October 02, 2025
NC Judge Slashes Bank Of America Fake Accounts Class Suit
A North Carolina federal judge has slashed a proposed class action accusing Bank of America of opening unauthorized accounts in people's names, tossing claims for violations of the Fair Credit Reporting Act, unjust enrichment and unfair trade practices, and leaving only negligence claims intact.
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October 02, 2025
Debt Collector's $2.6M Data Breach Deal Gets Final Nod
Debt collection agency and buyer NCB Management Services Inc. and its investors have gotten the final nod to their $2.63 million deal to end consolidated proposed class action claims that NCB failed to protect more than a million consumers after a trove of their personal information was compromised in a ransomware attack.
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October 02, 2025
Bain Inside Trade Claims Advance In Del. Cerevel Sale Suit
Delaware's Court of Chancery on Thursday kept alive a pension funds suit alleging that private equity firm Bain Capital Investors LLC and others traded on inside information in the run-up to a secondary sale ahead of biopharmaceutical venture Cerevel Therapeutics Holdings Inc.'s $8.7 billion acquisition by AbbVie.
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October 02, 2025
Bored Ape NFTs Aren't Securities, Judge Holds
A California federal judge tossed a proposed securities class action against the firm behind the popular Bored Ape non-fungible token collection and its celebrity promoters, saying the token sales didn't amount to securities transactions.
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October 02, 2025
Aramark, Vestis Can't Nix Investor Suit Over Spinoff's Woes
Uniform supplier Vestis Corp. and food and facilities services giant Aramark can't shed proposed shareholder class action claims that they misled investors about Vestis' operations and customer relationships prior to its 2023 spinoff from Aramark.
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October 02, 2025
Southwest Owes OT For Work Around Flights, Attendant Says
Southwest Airlines illegally fails to pay its Chicago Midway International Airport flight attendants for any work they perform outside the bounds of their actual flight time, according to a proposed class action one of the airline's employees filed in Illinois state court.
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October 02, 2025
Flagstar Customers Want OK On $31M Data Breach Deal
A proposed class alleging Flagstar Bank didn't protect customer and employee information from two data breaches asked a Michigan federal judge Wednesday to give the initial approval for a $31.5 million settlement to resolve the case.
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October 02, 2025
Perrigo Can't Escape Parents' 'Paw Patrol' Mouthwash Suit
An Illinois federal judge on Thursday refused to dismiss a proposed class action alleging that Perrigo Co. and Ranir LLC's fluoride mouthwash products are deceptively aimed at children, saying the proposed class has adequately pled that it was misled by the products' packaging.
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October 02, 2025
NY Construction Co. Accused Of Layoff Without Proper Notice
A New York construction company failed to provide adequate notice before terminating hundreds of employees as part of a mass layoff, according to a proposed class action filed in Manhattan federal court.
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October 02, 2025
Mich. Judge Says State Must Face Edenville Dam Trial
A Michigan claims court judge has cleared the way for a January trial on Michigan's liability for the collapse of a privately owned dam that unleashed widespread flooding, denying the state's bid to end the litigation.
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October 02, 2025
4 Mass. Rulings You May Have Missed In September
One attorney scored an early exit from a malpractice suit, another must face a long-delayed arbitration, and a judge has requested more information on a proposed settlement in a class action brought by gamblers at a Massachusetts casino. Here are four rulings from Suffolk Superior Court's business litigation session in September.
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October 02, 2025
McDonald's Operator Pushes To Unravel Class In Break Suit
A Colorado trial court failed to consider evidence showing that the operator of several McDonald's locations in Aurora, Colorado, did not violate the state's rest break laws, the entity told the state Supreme Court, urging the justices to undo the class.
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October 02, 2025
Rust-Oleum Buyers' $1.5M Greenwashing Deal Gets Final OK
A California federal judge on Thursday gave her final blessing to a $1.5 million settlement to a class of Rust-Oleum Corp. customers who accused the company of "greenwashing" its cleaning products with representations like "non-toxic" and "Earth Friendly," noting the deal provides significant monetary and nonmonetary benefits to the plaintiffs.
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October 02, 2025
Vaping Co. Escapes Fume 5% Nicotine Label Suit, For Now
A Florida federal judge has tossed a proposed class action claiming that vape company QR Joy Inc. falsely advertises its Fume vaping products as having 5% nicotine when it is more than the amount in a combustible cigarette, saying it's a "shotgun" pleading.
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October 02, 2025
UChicago Medicine Ducks Class Claims In Patient Privacy Suit
A UChicago Medicine patient can move forward with amended privacy violation claims over the medical center's allegedly illegal use of Meta pixel tracking tools but must leave her class allegations behind, given an agreement she entered between pleadings, an Illinois federal judge ruled.
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October 02, 2025
Furniture Co. Beats ESOP Investment Challenge
A furniture company had no obligation under federal benefits law to invest a cash buffer in its employee stock ownership plan more aggressively, a North Carolina federal judge ruled in shutting down a former employee's Employee Retirement Income Security Act suit.
Expert Analysis
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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8th Circ. Rulings Show Employer ADA Risks In Fitness Tests
Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.