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Class Action
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May 08, 2025
Honest Co. IPO Investors Get Initial OK For $27.5M Settlement
Investors in actress Jessica Alba's "clean lifestyle" brand The Honest Co. Inc. have gotten an initial nod for their $27.5 million deal to end claims the company failed to disclose negative trends ahead of its 2021 initial public offering.
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May 08, 2025
DOJ Says Judge Can't Certify Subclasses In Wartime Law Row
The Trump administration has called on a Washington, D.C., federal judge to reject the American Civil Liberties Union's attempt to certify two subclasses of noncitizens subject to the president's proclamation invoking the Alien Enemies Act, citing "jurisdictional defects."
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May 08, 2025
Hikma Cuts $50M Deal To End Antitrust Claims In Xyrem MDL
A certified class of Xyrem buyers in 36 states have asked a California federal judge to preliminarily approve Hikma Pharmaceuticals PLC's $50 million deal to resolve antitrust claims accusing Hikma of colluding with rival Jazz Pharmaceuticals to block generic rivals from competing with Jazz's narcolepsy drug.
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May 08, 2025
Musk Objects To New Job For SEC's Former Litigation Chief
Elon Musk is opposing a move by plaintiff-side firm Bernstein Litowitz Berger & Grossmann LLP to hire the U.S. Securities and Exchange Commission's former chief litigation counsel, arguing in a court filing that the lawyer "played a personal and substantial role" in suing Musk while at the SEC.
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May 08, 2025
Wis. Credit Union Charges 'Onerous' Overdraft Fees, Suit Says
A western Wisconsin-based federal credit union faces a proposed customer class action alleging that it violated the Electronic Fund Transfer Act by misrepresenting its overdraft fee practices.
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May 08, 2025
Judge Reopens Helms-Burton Suit Against Trivago
A Florida federal judge agreed Thursday to reopen a paused proposed class suit against Trivago GmbH claiming the Expedia Inc. subsidiary has unlawfully profited from their property that was confiscated by Fidel Castro's government.
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May 08, 2025
6th Circ. Eyes Reviving Kellogg, FedEx Mortality Table Suits
The Sixth Circuit on Thursday appeared open to reviving suits against Kellogg and FedEx from married pensioners who alleged their employers' outdated actuarial assumptions shortchanged their joint-and-survivor benefits, with multiple judges seeming to doubt a lower court's assertion that employers had unfettered latitude when choosing what data to use.
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May 08, 2025
Buffalo Wild Wings Job Apps Violate Ill. Privacy Law, Suit Says
Buffalo Wild Wings and its corporate parent have been hit with a proposed class action from two Illinois residents alleging the chain is violating a state privacy law by probing applicants' family medical histories as part of its employment considerations.
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May 08, 2025
Ga. Mortgage Co. Can Arbitrate Loan Processor's OT Claims
A loan processor manager's suit claiming a mortgage lender unlawfully considered her overtime-exempt will go to arbitration, a Georgia federal judge ruled, saying the company didn't waive its right to arbitrate and that the arbitration clause keeps her suit out of court.
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May 08, 2025
Fix For Roster Limits In NCAA's NIL Deal Awaits Judge's Nod
Current and prospective college athletes whose spots on their team rosters were jeopardized by the NCAA's settlement of a name, image and likeness antitrust class action will be allowed to play again, according to the latest version of the deal, which a California federal judge found last month needed a revision.
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May 08, 2025
Trulieve Wants Cannabis Concentrate Potency Suit Tossed
A group of cannabis companies and sellers led by Trulieve Holdings Inc. on Wednesday asked an Arizona federal court to throw out a man's claim that they mislabel cannabis edibles as concentrates to get around state THC limits, saying he has no standing to sue and the products are exactly what they are labeled as.
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May 07, 2025
9th Circ. Judge Suggests Sidelining Peers To Curb Injunctions
With the U.S. Supreme Court set for a seminal showdown over nationwide injunctions, observers are advocating wide-ranging outcomes, and a Ninth Circuit judge entered the fray Wednesday by proposing that district judges be blackballed for blatant overreach or perceived bias.
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May 07, 2025
Celebs And YouTubers Nix Most FTX Investor Claims, For Now
A Florida federal judge Wednesday freed several high-profile celebrities and YouTubers from a majority of claims FTX investors lodged in a sprawling multidistrict litigation over the cryptocurrency exchange's collapse, slashing all but two of the investors' claims, including aiding and abetting.
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May 07, 2025
Judge Seeks Details On U.S.-El Salvador Detainee Deal
A D.C. federal judge on Wednesday said the Trump administration would have to turn over more information about its arrangement with El Salvador to imprison alleged Venezuelan gang members deported under the Alien Enemies Act, as he considers whether they should be returned to the United States.
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May 07, 2025
UnitedHealth Hid Biz Impact Of CEO's Killing, Investor Says
UnitedHealth Group concealed how public scrutiny of its coverage policies and backlash from the killing of its CEO was harming its business, leading to plummeting stock prices when the insurer lowered its 2025 earnings outlook, according to a proposed investor class action filed Wednesday in New York federal court.
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May 07, 2025
Fla. City Residents' Suit Over Corroded Water Pipes Revived
A Florida state appellate court on Wednesday reinstated a proposed class action alleging negligence against the city of Miramar and a consultant over improperly treated tap water that led to damaged pipes in homes, saying the complaint sufficiently claimed the city assumed a duty to make sure water wasn't corrosive.
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May 07, 2025
Glove Box Warranty Supports Arbitration In EV Suit, FCA Says
An attorney for FCA US LLC told a Michigan federal judge Wednesday that agreements in so-called glove box warranties are enough to send a class action alleging the automaker knowingly sold certain electric vehicles with defective batteries to arbitration, while a lawyer for the consumers said such a request is "unprecedented."
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May 07, 2025
Judge Warns Feds Impending Libya Flights Would Defy Order
The federal government's reported plan to imminently deport migrants to Libya "would clearly violate" a court order requiring that the U.S. Department of Homeland Security provide due process protections for immigrants facing deportation to countries where they have no prior ties, a Massachusetts federal judge ruled Wednesday.
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May 07, 2025
Fertility Co. Accused Of Selling Bogus Tests Wasting Embryos
Women who sought fertility treatment filed a proposed class action against CCRM Fertility in Colorado federal court Wednesday, alleging the fertility clinic chain "aggressively" marketed its preimplantation genetic testing to thousands of vulnerable patients despite knowing the test is unreliable and wasted preciously limited, viable embryos.
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May 07, 2025
Judge Certifies Class In Wheat Futures Manipulation Case
An Illinois federal judge Wednesday certified a class of traders who held positions in certain wheat futures contracts in a class action accusing agribusiness The Andersons Inc. of manipulating its wheat futures and options price, saying, "most importantly, the efficiencies of adjudicating this matter as a class action are overwhelming."
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May 07, 2025
Southwest Says Union Deal Makes Sick Leave Suit Irrelevant
Southwest Airlines said Tuesday that a suit challenging its sick leave settlement with Colorado is moot because a recent collective bargaining agreement between the airline and its workers in the state already applies a 2020 law.
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May 07, 2025
Moelis Atty Says Chancery Ruling 'Handcuffed' Co.
A Delaware Court of Chancery ruling that last year invalidated a decade-old stockholder agreement granting broad corporate powers to investment bank Moelis & Co.'s founder "handcuffed for no reason" directors of state-chartered corporations, an attorney for the company told Delaware's Supreme Court on Wednesday.
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May 07, 2025
NC Panel Backs OT Pay For Foresters Who Fought Wildfire
A North Carolina appeals court largely backed a lower court's wage ruling Wednesday in a 17-year legal battle the Tar Heel State has fought with a group of state foresters about overtime pay they said they were not paid for fighting a 2008 fire.
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May 07, 2025
Del. Justices Deny Bid To Revive Carvana Insider Trading Suit
Delaware's Supreme Court rejected a bid by Carvana stockholders to revive insider trading claims against the father of the company's CEO, alleging the senior businessman controlled the online car retailer and used inside information when selling $3.7 billion in shares.
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May 07, 2025
Envelope Co. Founders, Trust Co. Ink $8M ESOP Deal
Two founders of an envelope manufacturing company and a trustee to the company's employee stock ownership plan have agreed to fork over $8 million to end an ESOP participant's proposed class action alleging mismanagement, according to filings in Delaware federal court Wednesday.
Editor's Picks
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NFL Seeks To End Race-Based Concussion Tests After Outcry
The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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ERISA Forecast After Diverging Pension Risk Transfer Rulings
Two district courts' split decisions on whether plaintiffs had standing in class actions challenging pension risk transfer transactions, amid a swath of similar suits, provide an early indication of how courts might rule in this new wave of Employee Retirement Income Security Act litigation, say attorneys at Gibson Dunn.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Maximizing Employer Defenses After Calif. Meal Waiver Ruling
A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.
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Charging A Separate Tariff Fee May Backfire For Retailers
In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four federal appellate court decisions and identifies practice tips from cases involving pretrial detainee bail funds, employment law, product defect allegations and claims of not providing proper pain medication at a jail.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.