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Class Action
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July 03, 2025
J.Jill Can't Compel Arbitration In False Price Discount Suit
A California federal judge has refused to ship to arbitration a proposed class action accusing J.Jill of advertising false reference prices on products sold throughout its website, finding that the clothing retailer had failed to put the plaintiff on adequate notice that she would be bound to arbitration simply by placing an order as a guest.
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July 03, 2025
Stewart Drops Mixed Bag Of Discretionary Denial Rulings
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has released 24 more discretionary denial decisions, more than half of which she cleared challenges to move forward through the Patent Trial and Appeal Board process.
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July 03, 2025
Peloton Execs Resolve NY Investor Suit Over Treadmill Risks
A New York federal judge has approved a deal resolving derivative claims against the leadership of fitness company Peloton Interactive Inc., settling allegations of safety issues with its Tread+ treadmill by requiring governance reforms and awarding $1.75 million in attorney fees and costs.
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July 03, 2025
7th Circ. Cuts Chicken Price-Fixing Atty Fees Again
A Seventh Circuit panel reduced a $51.6 million fee award for class counsel who took on alleged price-fixing among the country's biggest producers of broiler chickens to about $47 million Wednesday, saying the district court made one easily-correctable error.
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July 03, 2025
3 More Athletes Appeal NCAA NIL Settlement To 9th Circ.
Two former wrestlers, including an Olympic medalist, and a former walk-on football player have joined the list of college athletes announcing plans to appeal the $2.78 billion name, image and likeness settlement with the NCAA, arguing that they are receiving far too small a portion of the compensation package.
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July 03, 2025
Plumbing Co. Seeks $25M In Coverage For ERISA Claims
A plumbing subcontractor told a California federal court that its primary insurer was improperly limiting its coverage in an employee stock ownership plan dispute, hindering its ability to tap into its full $25 million tower of management liability coverage.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
Justices Extend Due Process Pause To South Sudan Removals
The U.S. Supreme Court clarified Thursday that its recent order allowing the Trump administration to send noncitizens to countries they have no connection to with little notice or chance to object extends to a group of men the government plans to send to South Sudan.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Natera Inks $8.25M Deal To End Prenatal Tests Suit
A proposed class of buyers of Natera Inc.'s noninvasive prenatal tests has asked a California federal court to give preliminary approval to an $8.25 million settlement to resolve claims that the company knew the tests were unreliable but failed to tell buyers.
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July 03, 2025
TRESemme Buyers' Claims Too Tangled For Class Cert.
A New York federal judge has denied class certification for a class of 717 buyers of Unilever's TRESemme shampoo who allege the product caused allergic reactions and hair loss, saying their claims would require too much individual inquiry for class certification to be appropriate.
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July 03, 2025
Illinois Cases To Watch In 2025: Midyear Report
The impact of regulatory permits on insurance policy pollution exclusions, the debate over ditching two-step collective certifications and further interpretation of Illinois' biometric privacy law are at the heart of some of the state's biggest cases to watch through the end of the year.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
Call Center Co. Wants Out Of Misclassification Suit
A suit by workers accusing a call center company of incorrectly classifying them as independent contractors and then firing them when they complained must be thrown out, the company told a Florida federal court, saying the complaint is a "textbook impermissible shotgun pleading."
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July 03, 2025
Online Education Firm Beats Meta Info-Sharing Suit For Now
An Ohio federal judge has dismissed a putative class action brought against online education platform Continued.com LLC that accused the company of giving its subscribers' information to Meta Platforms without their consent, but left the door open to amend the complaint later.
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July 03, 2025
Justices Clarify Question Underlying Withdrawal Liability Case
The U.S. Supreme Court clarified the question presented in a case it recently agreed to take up over the methodology for calculating businesses' liability for pulling out of multiemployer pension plans.
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July 02, 2025
NCAA, NASCAR Antitrust Challenges Permeate 2025's 1st Half
The first half of 2025 saw the dispute between NASCAR and two of its teams become supercharged and a judge give final approval to the disputed settlement for the NCAA name, image and likeness antitrust litigation.
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July 02, 2025
DHS Accused Of Targeting 'Individuals With Brown Skin' In LA
Immigration rights groups and individuals who were arrested or stopped during recent federal immigration operations in Los Angeles filed a putative class action on Wednesday, accusing the federal government of targeting brown-skinned people and day laborers without warrants and keeping detainees in "dungeon-like" facilities.
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July 02, 2025
Tree Top's Apple Juices Aren't Really '100% Juice,' Suit Says
Tree Top Inc. deceptively labels some of its apple juices as made with "100% apple juice" or made from "100% USA apples," despite the addition of ascorbic acid, a synthetic preservative, to the beverages, according to a proposed false advertising class action filed Tuesday in California federal court.
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July 02, 2025
Pentegra Agrees To Pay $48.5M After $38.8M ERISA Verdict
A New York federal judge Wednesday preliminarily approved a settlement in which Pentegra Retirement Services agreed to pay nearly $10 million more than a $38.8 million jury verdict awarded to a 27,000-member class of 401(k) plan participants who challenged the plan's excessive administrative fees.
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July 02, 2025
Girardi Asks To Remain Free During Fraud Appeal
Disbarred attorney Tom Girardi asked a California federal judge on Wednesday to remain free on bond while he appeals his wire fraud conviction, saying he's not a flight risk or danger to the community and there are several issues on appeal that could result in reversal or resentencing.
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July 02, 2025
Life Insurer Agrees To Settle Inflated Charges Suits For $45M
A Missouri-based life insurer agreed to pay $45 million to settle a group of proposed and certified class actions accusing it of using certain nonmortality factors, contrary to policy language, to impose higher costs on policyholders, bringing the insurer's total losses for such claims to over $94.5 million.
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July 02, 2025
Chinese Cannabis Vape Maker Accused Of Monopoly
The Chinese companies behind cannabis vape brand CCELL and a number of its U.S. distributors were accused of organizing an anticompetitive price-fixing scheme that gave them market dominance, according a proposed class action lawsuit, at least the second this year to make similar claims.
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July 02, 2025
Veterans Sue Air Force For Disability Review Failures
Three former service members hit the U.S. Air Force with a proposed class action challenging the lawfulness of a screening process used to determine if people should be retained or referred to a formal disability evaluation process.
Expert Analysis
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Lessons From Pa. Wiretapping Class Action Dismissal
A recent wiretapping class action in Pennsylvania federal court resulting in the dispositive dismissal of the action provides key insights on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure, say attorneys at Baker Donelson.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Influencer Campaign Lawsuits Signal New Endorsement Risks
Recent class actions allege that companies' influencer campaigns violate the Federal Trade Commission's Endorsement Guides and various state laws, but it's not clear whether the failure to comply can sustain these lawsuits, or whether the plaintiffs' creative theory of damages will hold up to scrutiny, says Gonzalo Mon at Kelley Drye.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.