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Class Action
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October 07, 2025
Graco Can't Nix Warranty Claims Over Car Booster Seat Safety
A Georgia federal judge on Tuesday refused to nix warranty breach claims in a consolidated action alleging Graco misrepresented that its car booster seats would protect occupants in side-impact collisions, ruling a reasonable jury could find Graco's labeling is material and misleading to consumers.
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October 07, 2025
Developer Wants Permit Fee Suit Against Miami Revived
A developer on Tuesday asked a Florida appeals court to revive its claims against the city of Miami for allegedly overcharging builders permit and inspection fees, saying the city's unlawful carrying forward of the excess funds violates a state law limiting these actions.
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October 07, 2025
Northwestern Wants ERISA Health Offering Suit Tossed
Northwestern University asked an Illinois federal judge on Monday to throw out a proposed class action alleging it breached fiduciary duties in offering a higher-cost health plan alongside a cheaper option, arguing the plaintiffs have failed to allege injury because they admit that they received all the benefits to which they were entitled under the more-expensive plan's terms.
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October 07, 2025
Amazon Supplement Buyers Seek Spoliation Penalties
Consumers in a proposed class action accusing Amazon of peddling dietary supplements without making federally required disclosures urged a Washington federal judge on Tuesday to punish the e-commerce giant for allegedly failing to preserve product detail webpages they say are key to the litigation.
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October 07, 2025
EMS Workers Tell 4th Circ. NC County Owes Them Wages
Emergency medical services workers argued that a North Carolina county created a "mathematical impossibility" when it calculated their wages, urging the Fourth Circuit to flip a federal court's ruling that the county didn't owe them anything despite having violated federal law.
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October 07, 2025
Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits
Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.
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October 07, 2025
Premera Defends IBS Drug Antitrust Claims Against Takeda
Health insurers and self-insured employers represented by Premera Blue Cross urged a Massachusetts federal judge not to nix a series of state law antitrust claims from the broader certified class action accusing Takeda Pharmaceutical of paying Par Pharmaceuticals to delay generic competition to anticonstipation drug Amitiza.
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October 07, 2025
Evenflo's Recall Over Choking Hazard Is Inadequate, Suit Says
An Evenflo customer filed a proposed deceptive marketing class action complaint in Massachusetts federal court alleging the company failed to disclose that its Revolve360 Slim child car seats have easily detachable foam headrests that pose potential choking hazards.
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October 07, 2025
3rd Circ. Won't Rehear J&J Investor Cert. Appeal
The U.S. Court of Appeals for the Third Circuit declined Tuesday to reconsider backing a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks.
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October 07, 2025
Siemens Worker Asks 3rd Circ. To Save 401(k) Forfeiture Suit
A Siemens Corp. employee urged the Third Circuit to reopen his lawsuit alleging the company violated federal benefits law by using forfeited retirement funds to cover its own contributions rather than plan expenses, arguing a lower court lost sight of his specific allegations when it tossed the case.
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October 07, 2025
Price-Fixing Judge Rejects Recusal Bid As Insincere
A Minnesota federal judge on Tuesday refused to recuse himself from consolidated private price-fixing litigation against a raft of pork producers, saying the defense's claims of bias due to one of his clerks' internships for plaintiff firms are a "fabricated" claim of impropriety.
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October 07, 2025
Georgia Bar Continues Fight To Nix Atty's Bias Suit
The State Bar of Georgia on Tuesday doubled down on a request to expand its arguments seeking dismissal of an Atlanta attorney's bias suit alleging a pattern of racial discrimination in attorney discipline, telling a federal judge that the time was right to bring the broadened motion.
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October 07, 2025
Online Test Proctor Fights Suit Over California Bar Exam
ProctorU Inc., which does business as Meazure Learning, asked a federal judge to toss a potential class action from three Californians who accuse the company of administering a glitch-ridden state bar exam that they were unable to complete as planned, arguing that it made no direct promises or sales to the test-takers, and isn't covered by the cited consumer protection laws.
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October 07, 2025
United Can't Sanction Ex-Flight Attendant Over Pay Suit
A former United Airlines flight attendant will avoid sanctions in his now-ended suit seeking unpaid wages, a New York federal judge ruled, saying he didn't abuse the judicial process even if his evidence that state law applied to his claims was weak.
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October 07, 2025
NASCAR Wins Fight With LGBCoin Over Racing Deal Approval
A Miami jury returned a defense verdict late Monday in favor of NASCAR in a $76 million suit by the LetsGoBrandon.com Foundation accusing the league of destroying the value of its cryptocurrency LGBCoin after it revoked approval of sponsorship of a racing team.
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October 07, 2025
Hess Cuts Deal To End Suit Over 401(k) Investment Roster
Energy company Hess agreed to settle a proposed class action alleging it cost workers millions of dollars in retirement savings by loading its employee 401(k) plan with expensive and poorly performing investment options, according to filings in Texas federal court.
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October 06, 2025
Paraquat MDL Judge Seeks Answers From Plaintiffs' Atty
The Illinois federal judge presiding over multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease on Monday ordered Aimee Wagstaff of Andrus Wagstaff PC, a former member of the plaintiffs' executive committee, to explain why she's putting on a video conference for other attorneys in the litigation.
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October 06, 2025
NBA Scores 2nd Toss Of Privacy Suit Over Meta Data Sharing
A New York federal judge Monday again dismissed a proposed digital privacy class action against the NBA, saying the league, based on binding Second Circuit precedent, didn't unlawfully disclose the personal information of one of its newsletter subscribers.
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October 06, 2025
IP Notebook: Miss Cleo, Political Slogans, Reggaeton Clash
The latest edition of Law360's look at emerging copyright and trademark issues features a case where a judge injected some humor into dismissing a complaint involving a TV psychic who became known for her infomercials, as well as a sanctions request in a heated conflict over the birth of reggaeton.
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October 06, 2025
GM Judge Says 'Extraordinary' $57M Atty Fees Are Warranted
A California federal judge on Monday gave final approval to a $150 million deal General Motors LLC reached with car buyers over an engine defect following a jury verdict against the auto giant, including a $57 million fee and expenses award that he called "extraordinary" but warranted.
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October 06, 2025
Judge Certifies Class In United Behavioral Health Billing Suit
A California federal judge has agreed to certify a class of employee health plan participants claiming United Behavioral Health and a billing contractor shorted them on coverage for out-of-network substance use disorder treatments, finding the plaintiffs submitted new billing evidence that meets the court's requirements.
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October 06, 2025
Nestlé Sued Over 'Breakfast Essentials' Drink's Health Claims
A consumer hit Nestlé Health Science with a proposed class action in California federal court on Monday, accusing the company of deceptively marketing its Carnation Breakfast Essentials drink as a nutritious "breakfast essential" rich in protein even though it's primarily made of sugar and water.
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October 06, 2025
2nd Circ. Revives Investors' Green Infrastructure Co. Suit
The Second Circuit on Monday revived a proposed class action against defunct green infrastructure firm Abengoa SA, ruling that details from Spanish criminal proceedings against the firm could be used to claim that the company had defrauded its U.S.-based investors.
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October 06, 2025
Justices Urged To Leave Trans Passport Ban On Ice
Two classes of transgender and nonbinary people urged the U.S. Supreme Court on Monday to reject the Trump administration's bid to lift a nationwide order that requires it to continue issuing passports that reflect the holders' gender identity, saying the proposed policy change is a textbook example of an unreasoned decision.
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October 06, 2025
Dish, AT&T Must Give Up Docs In T-Mobile-Sprint Merger Case
An Illinois federal magistrate judge ordered Dish and AT&T to produce key documents in a proposed consumer class action targeting T-Mobile over its purchase of Sprint, finding the material from the wireless companies, especially Dish, to be centrally important to the suit.
Expert Analysis
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Del. Dispatch: Conflicted Transactions And New Safe Harbors
Two recent Delaware Court of Chancery decisions involving conflicted transactions underscore that the new safe harbors established by the Delaware General Corporation Law amendments passed in March, going forward, provide a far easier route to business judgment review of conflicted transactions than were previously available, say attorneys at Fried Frank.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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What Dismissal Rulings May Mean For ERISA Forfeiture Cases
Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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What To Know About NCAA Deal's Arbitration Provisions
Kathryn Hester at Jones Walker discusses the key dispute resolution provisions of the NCAA's recently approved class action settlement that allows for complex revenue sharing with college athletes, breaking down the arbitration stipulations and explaining how the Northern District of California will handle certain enforcement, administration, implementation and interpretation disputes.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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And Now A Word From The Panel: Back In Action
A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Lessons On Parallel Settlements From Vanguard Class Action
A Pennsylvania federal judge’s unexpected denial of a proposed $40 million settlement of an investor class action against Vanguard highlights key factors parties should consider when settlement involves both regulators and civil plaintiffs, say attorneys at Ropes & Gray.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.