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Class Action
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October 09, 2025
Vestis Shareholder Alleges Deception Before Aramark Spinoff
Executives and directors of uniform supplier Vestis Corp. were hit this week with a shareholder's derivative suit accusing them of concealing Vestis was underfunded prior to being spun off by food services giant Aramark in 2023, leaving Vestis unable to grow its revenue and retain customers.
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October 09, 2025
Tivity Health Investors Seek Final OK Of $17M Settlement
An investor in fitness program administrator Tivity Health Inc. has asked a Nashville federal judge for a final nod for an over $17 million deal ending claims the company misled investors about its financial prospects after its $1.3 billion acquisition of troubled weight-loss meal delivery company Nutrisystem.
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October 09, 2025
Mobile Game Co. To Pay $25M To End Chancery Investor Suit
A China-based mobile gaming company has agreed to pay $24.75 million to settle a Delaware Chancery Court class action accusing it of engineering a $600 million share buyback that unfairly cemented its control of the company.
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October 09, 2025
Florida Says Its Immigration Law Doesn't Preempt Federal Law
Florida asked the Eleventh Circuit on Thursday to overturn a block on a state law that criminalizes the entry of unauthorized immigrants into the state, arguing that there is no preemption of federal immigration law.
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October 09, 2025
Tire-Maker Takes 13 Revived Asbestos Suits To NC High Court
Continental Tire is asking North Carolina's top court to review whether more than a dozen workers' compensation cases linked to alleged asbestos exposure at one of its factories should carry on, saying the claimants cannot skirt the results of a bellwether trial.
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October 09, 2025
7th Circ. Denies Rehearing In Harley-Davidson Warranty Case
The Seventh Circuit again affirmed the dismissal of customers' challenge to terms and conditions in Harley-Davidson's motorcycle warranties that limit coverage when third-party parts are used.
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October 09, 2025
Pet Owner Keeps State, But Not Fed., Elanco Tick Meds Suit
Advantix flea-and-tick medication maker Elanco Animal Health Inc. partially ducked a consumer proposed class action by convincing an Indiana federal judge to cut federal antitrust claims, but still must face state law allegations accusing it of paying off PetSmart, Petco and Chewy not to carry generic versions.
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October 09, 2025
Retailer Faces Class Action Over Excluding Bonuses From OT Pay
A Colorado retail supplier was hit with a proposed collective action in federal court Thursday from a former employee who said it failed to properly calculate overtime premiums.
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October 09, 2025
Colgate-Palmolive's $332M Pension Settlement Gets Initial OK
A New York federal court granted initial approval to a $332 million settlement between Colgate-Palmolive and a class of pensioners who claimed the household products company shorted them on lump-sum retirement payouts, which comes after the parties mediated their dispute earlier this year.
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October 09, 2025
Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit
A residential brokerage startup has pushed the Tenth Circuit to reinstate its permanently dismissed antitrust suit against the National Association of Realtors and multiple brokerages, which were accused in Utah federal court of conspiring against the startup because it offered lower buyer-broker commission fees.
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October 08, 2025
Semtech Gets Suit Over Revised Sales Projections Trimmed
A California federal judge has trimmed shareholder claims against semiconductor supplier and cloud service provider Semtech Corp. in an investor suit alleging share prices for the company dropped and investors were hurt after it downgraded bullish sales expectations for a certain product portfolio it had earlier said would be used by chipmaker Nvidia.
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October 08, 2025
Meta Sued Over Financial Scam Impersonation Ads
Meta Platforms Inc. is knowingly publishing and profiting from scam advertisements that unlawfully impersonate licensed financial professionals to ensnare social media users in fraudulent investment schemes involving thinly traded China-based securities, two financial professionals allege in a proposed class action in California federal court.
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October 08, 2025
Cepton Accused By Investor Of Hiding Better Takeover Bid
Light detection and ranging technology company Cepton Inc. has been hit with a shareholder's proposed class action in California federal court, accusing it of concealing a third party's "credible" attempt to buy Cepton for more than double the amount Japan-based Koito Manufacturing Inc. paid to acquire it in January.
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October 08, 2025
Fortinet Brass Misled Investors With Rosy Outlook, Suit Says
Executives and directors of cybersecurity company Fortinet Inc. were hit Wednesday with a shareholder derivative action alleging they made the company misrepresent its revenue expectations for certain customer upgrades despite knowing that certain rosy projections were unrealistic.
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October 08, 2025
ALN Medical Strikes $4M Data Breach Deal With 1.8M Users
Healthcare advisory firm ALN Medical has offered to create a $4 million settlement fund to resolve litigation surrounding a March 2024 data breach that affected more than a million individuals, requesting a Nebraska federal court's preliminary approval of the deal.
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October 08, 2025
Del. Jurist Says Blue Bell's Late Stand Defies Common Sense
Challenges to purportedly late-raised defenses on Wednesday sidetracked arguments at the Court of Chancery that sought dismissal of a derivative stockholder suit seeking damages from Blue Bell Creameries USA Inc. fiduciaries for company losses tied to a deadly tainted ice cream incident in 2015.
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October 08, 2025
OpenAI Says Copyright Case Isn't About AI Outputs
OpenAI told a Manhattan federal judge Wednesday that a group of authors should not be allowed to argue that ChatGPT spits out summaries or verbatim portions of their books in a copyright infringement case, saying this is an additional theory of infringement that would make discovery more onerous than it already is.
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October 08, 2025
Chiquita Victims Urge 11th Circ. To Revive Claims Over Killings
Family members of victims of paramilitary violence in Colombia asked the Eleventh Circuit Wednesday to revive their claims against Chiquita Brands International Inc. executives, arguing they had provided enough information to show the killings were committed "under color of law" as required by the Torture Victim Protection Act.
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October 08, 2025
Judge OKs Amazon's Evidence Clawback In Antitrust Suits
Amazon can claw back certain documents it handed over during discovery in a series of antitrust lawsuits alleging the company's merchant policies artificially raised market prices, a Seattle federal judge has ruled, rejecting objections raised by consumers suing the e-commerce giant.
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October 08, 2025
LA County Probes Firm's Conduct In $4B Sex Abuse Deal
The Los Angeles County Board of Supervisors has unanimously voted to launch an investigation into a record $4 billion sex abuse settlement it approved earlier this year following claims that the Downtown L.A. Law Group paid people to file complaints.
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October 08, 2025
FirstEnergy Investors Seek Clarity On 6th Circ. Privilege Order
FirstEnergy investors asked the Sixth Circuit Wednesday to clarify a recent ruling blocking them from accessing internal investigation documents in a lawsuit over a $1 billion bribery scandal, arguing that the company is holding up depositions due to its misreading of the court's opinion.
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October 08, 2025
5th Circ. Says Some NOLA Rental Rules Are Unconstitutional
A Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional.
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October 08, 2025
ICE Violating Settlement With Warrantless Arrests, Judge Says
A federal judge in Illinois has ruled that the use of informal administrative warrants by agents from ICE's Chicago field office in recent immigration enforcement actions violates a 2022 settlement with unauthorized immigrants that requires the agency to use warrants signed by a judge when making most arrests.
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October 08, 2025
Battery Maker Enovix Gets Investor Suit Trimmed Again
A California federal judge has pared an investor lawsuit against lithium battery maker Enovix to a single claim, after finding that two allegedly misleading statements by the company about its production equipment testing were significantly taken out of context.
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October 08, 2025
Discord Sued After User Info Leaked In Breach Of Vendor
Communications platform maker Discord Inc. was hit with a proposed class action in California federal court Tuesday after one of its third-party customer support partners suffered a data breach that allowed unauthorized parties to access personal information belonging to Discord's users.
Expert Analysis
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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.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.