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Class Action
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June 25, 2025
TCPA Litigants Brace For 'Seismic Shift' After Deference Blow
The U.S. Supreme Court's backing of broad judicial review for the crush of regulatory orders interpreting the Telephone Consumer Protection Act is poised to turn the litigation landscape on its head, as key statutory determinations that have long been viewed as settled matters are suddenly ripe for scrutiny.
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June 25, 2025
Ill. Appeals Court Won't Undo Biometric Privacy Class Cert.
An Illinois state appeals court has refused to disturb a lower court's order certifying a class of employees suing over time clocks that scanned and used their biometric information, ruling that the common claim in the case presents a question that "is suitable for, if not demanding of, class-wide resolution."
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June 25, 2025
OTC Pills Are Opioid In Disguise, Consumer Says
A Georgia company that produces an over-the-counter supplement branded as "ZaZa" was hit with a proposed class action Tuesday from a consumer who said the supplement's active ingredient is a highly addictive substance with effects comparable to opioids, which the manufacturer has hidden from consumers.
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June 25, 2025
Microsoft Wants Out Of Calif. Residents' Privacy Class Action
Microsoft is urging a Washington federal judge to throw out a proposed class action accusing the company of using advertising and web analytics tools to collect private information about third-party website users, contending that the plaintiffs are "seeking to apply antiquated privacy and wiretapping statutes to cover routine online practices."
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June 25, 2025
BofA Benefit Card Recipents Get Cert. In Covid Fraud MDL
A California federal judge has granted certification to five different classes in a multidistrict litigation alleging Bank of America NA's security failures exposed their unemployment and disability benefits cards to fraud and led the bank to breach their contracts by freezing all accounts during the COVID-19 pandemic.
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June 25, 2025
Class Certified In Suit Over Oil Market's Historic Price Crash
A Chicago federal judge has certified a class of futures traders who claim Vega Capital London Ltd. and 12 of its traders caused a historic oil crash with an aggressive price manipulation scheme that resulted in oil futures going negative for the first time, saying the plaintiffs have met all the requirements for certification.
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June 25, 2025
Edgewell Deodorant Burn Claims Dropped From Conn. Court
Two women who brought a proposed class action against Edgewell Personal Care Co. claiming the company's Billie brand All Day Deodorant caused chemical burns and other skin problems have dropped their suit from Connecticut federal court, according to a new order.
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June 25, 2025
Tennis Players Ponder Adding Grand Slams To Antitrust Suit
A group of professional tennis players accusing the organizers of the sport's largest competitive events of running an illegal "cartel" is considering adding the operators of the four Grand Slam tournaments as defendants in a proposed antitrust class action, but told a New York federal judge it will wait for further talks with them before deciding.
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June 25, 2025
Meta Beats 'Half-Hearted' Harm Args In AI Fair Use Suit
A California federal judge concluded Wednesday that it was fair for Meta Platforms Inc. to train its Llama large language models with 13 bestselling authors' copyrighted material without their permission, calling their arguments that the tech giant's use of their works would harm the market for their books "half-hearted."
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June 25, 2025
Adviser's $300M Ponzi Dismissal Bid 'Specious,' Investor Says
An investor who was roped into what the federal government has called a $300 million Ponzi scheme asked a Georgia federal judge Wednesday to keep their suit alive, arguing they shouldn't be subject to heightened pleading standards for a fraud claim they never made against a Peach State financial adviser.
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June 25, 2025
3rd Circ. Upholds $3.2M Atty Fee In Wawa Breach Suit
The Third Circuit on Wednesday upheld a $3.2 million fee award for Berger Montague and Fine Kaplan & Black in the settlement for consumers affected by a 2019 Wawa data breach, ruling Wednesday that the district court judge correctly found no improper "side deals" or collusion at class members' expense.
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June 25, 2025
Albertsons Reaches Terms To End Action Over Cereal Bars
Grocery chain Albertsons has resolved a proposed class action alleging its Signature Select Fruit & Grain cereal bars were deceptively labeled "Naturally Flavored" while containing an artificial ingredient derived from petroleum.
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June 25, 2025
Missouri Judge Grants $24M Atty Award For Broker Fees Suits
A Missouri federal judge has granted final approval of settlements for two antitrust class actions and awarded roughly $24 million to class counsel representing home sellers who accused multiple real estate brokerages of conspiring to artificially inflate buyer-broker commission fees for home sales.
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June 25, 2025
Texas Magistrate Recommends Tossing La. Hurricane Ad Suit
A Texas magistrate judge has recommended that a litigation funder and a Houston-area attorney be freed from a proposed class action that alleges a law firm engaged in deceptive advertising targeting hurricane victims in Louisiana.
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June 25, 2025
Sysco Inks Deal To End Worker's Unpaid OT Suit
Sysco will pay a little over $20,000 to resolve a former employee's lawsuit accusing the food product distributor of failing to pay him for off-the-clock work and miscalculating his overtime wages, according to a filing Wednesday in Georgia federal court.
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June 25, 2025
Curaleaf Says Class Cert. Wrong For Budtenders' Tips Suit
Curaleaf Inc. is urging a Maryland federal court to deny conditional class certification to a class of budtenders who allege the company illegally shares tips with store leads, arguing that they haven't shown any common policy or practice among its dispensaries that warrants class treatment.
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June 24, 2025
Anthropic Copyright Ruling May Spur More AI Licensing Deals
The first federal court decision on the fairness of taking copyrighted material to train generative artificial intelligence is a mixed outcome for tech companies and content creators that could prompt both parties to seek coexistence, according to attorneys, with the judge concluding that while the technology is "spectacularly" transformative, using pirated material is inexcusable.
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June 24, 2025
Dollar General Beats Investor Suit Over Short Inventory, Staff
A Tennessee federal judge on Tuesday dismissed a proposed securities class action accusing Dollar General and its executives of hiding inventory and staffing issues, saying the plaintiffs have failed to show that the defendants acted with an intent to deceive.
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June 24, 2025
Whole Foods Staffers Seek Greenlight For $2M 401(k) Fee Deal
Whole Foods workers urged a Texas federal court on Tuesday to preliminarily approve a $2 million deal they hammered out with the Amazon-owned grocery chain to end their putative class action alleging excessive fees were charged to their employee 401(k) retirement plan in violation of federal benefits law.
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June 24, 2025
9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit
Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.
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June 24, 2025
Health Data Co. Must Face Revised Investor Fraud Suit
A Connecticut federal judge won't toss an amended class action claiming a healthcare technology company misled investors about a data platform it claimed to operate that didn't actually exist, ruling that statements about the platform's capabilities are not inactionable, forward-looking statements.
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June 24, 2025
Ex-Inmate's Debit Fee Class Action Cleared For Trial
A jury should decide if a former jail inmate was forced to accept a prepaid debit card and pay related fees when his money was returned to him upon release, a Washington federal magistrate judge said on Tuesday, advancing a class action against Central Bank of Kansas City.
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June 24, 2025
Rail Fuel Surcharge MDL Tossed In Sealed Opinion
Union Pacific Railroad Co., CSX Transportation Inc., Norfolk Southern Railway Corp. and BNSF Railway Co. scored a decisive win Tuesday against roughly 18 years of price-fixing litigation accusing the country's four largest railroad companies of colluding on freight fuel surcharges, in a sealed opinion issued in D.C. federal court.
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June 24, 2025
Judge Cites Slack In Tossing Allbirds Investors' IPO Suit
A California federal judge has once again tossed an investor class action accusing shoemaker Allbirds Inc. of failing to warn investors about the risks of its shifting business strategy ahead of its initial public offering, ruling that shareholders would need to prove they can overcome the U.S. Supreme Court's Slack test in order to move forward with the case.
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June 24, 2025
Krispy Kreme Cyberattack Sparks Class Claims Blitz
A former Krispy Kreme Doughnut Corp. employee has filed a proposed class action in North Carolina federal court claiming the chain failed to properly protect its current and former workers' personal information before a November data breach, one of many suits brought against it over that same cyberattack.
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.