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Class Action
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May 19, 2025
Lending App EarnIn Hit With Consumer Class Action In NC
Pay day loan app EarnIn has been hit with a proposed class action in North Carolina alleging its cash advance product violates state consumer protection laws by distributing cash advances without a license and dupes consumers into paying unnecessary fees.
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May 19, 2025
Insurer Drops Fight Over $9M OpenText Merger Settlement
Allied World National Assurance Company on Monday ended its lawsuit seeking a declaration that it wasn't obligated to contribute to a $9 million settlement in a shareholder class action stemming from Covisint Corp.'s merger with OpenText.
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May 19, 2025
MicroStrategy Faces Investor Suit Over Bitcoin Strategy
Analytics software company MicroStrategy was hit with a proposed shareholder class action alleging that it downplayed the risk of major financial losses that would follow an update to its crypto accounting methodology.
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May 19, 2025
Spirits Maker Haunted By Inventory Woes, Investor Suit Says
The top brass of alcoholic beverage company MGP Ingredients Inc. has been hit with a shareholder derivative suit alleging they misled investors about how well the company was managing its inventory levels, only to reveal that excess inventory following the height of the COVID-19 pandemic was impacting the business.
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May 19, 2025
Binance Argues All Class Members Must Arbitrate Claims
Crypto exchange Binance has urged a New York federal judge to require arbitration for all plaintiffs in a proposed class action accusing the crypto exchange of improperly selling securities, saying its terms of use include a class action waiver.
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May 19, 2025
Coast Guard Told To Revisit Forced Retirees' Service Dates
The U.S. Coast Guard can't retroactively apply a policy to speculate that a class of 200-plus service members who were involuntarily retired through an unlawful process would have been involuntarily retired anyway, a Court of Federal Claims judge said Friday.
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May 19, 2025
Calif. Landowners Seek Review Of 7th Amendment Precedent
A group of Northern California landowners has asked the U.S. Supreme Court to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.
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May 19, 2025
GM Issued 'Inadequate' Recall For Bad Engines, Drivers Claim
General Motors LLC knowingly sold vehicles "that were engineered to fail" and issued an "inadequate" recall to prevent "catastrophic" internal engine failure, a group of vehicle owners alleged in a proposed class action filed in Michigan federal court.
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May 19, 2025
NCAA Defends Latest NIL Deal Revisions In Bid For Approval
Contrary to claims by some athletes that they will be harmed by roster limitations in a proposed $2.78 billion name, image and likeness settlement, the NCAA has told a California federal judge the latest changes will ensure "beyond a doubt" those athletes are treated fairly.
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May 19, 2025
Cos. Fight Recusal Bid In Antitrust Case Over Clerk Ties
The Minnesota federal judge overseeing a major pork price-fixing case shouldn't have to recuse himself just because one of his clerks worked at plaintiffs-side firms, pork purchaser plaintiffs say, calling the defendants' request a cynical ploy that comes on the eve of trial.
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May 19, 2025
Attys Seek $2M For Fees, Costs In GM Security Bias Deal
Attorneys for Black visitors to Detroit's General Motors-owned Renaissance Center who allege security there unlawfully detained and assaulted them asked a Michigan federal judge to approve almost $2 million in fees and litigation costs days after the court cautioned both sides for slow-rolling the deal's execution.
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May 19, 2025
Pepsi Arbitration Costs Bid Not For Court, Workers Say
A Pepsi distributor told a New York federal court that forcing him to pay arbitration-related costs in a wage case against the company would undermine federal and state wage laws' protective purposes, urging the court to deny the company's request to enforce the terms of the arbitration pact.
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May 19, 2025
'Stark' Pay Data May Revive NY Court Interpreters' Bias Suit
Second Circuit judges Monday signaled interest in reviving a pay discrimination case brought by interpreters working for the New York State Unified Court System, as one jurist remarked on "stark" data showing they're "underpaid" and voiced curiosity about what discovery might reveal.
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May 19, 2025
Partner Hire Kills Jurisdiction In Referral Suit, Mass. Firm Says
A Boston law firm told a Massachusetts federal court on Monday that it plans to refile its suit seeking a referral fee from a Minnesota firm that served as co-lead counsel in a salmon purchaser antitrust case, after the latter firm's hiring of a Massachusetts-based partner defeated federal court jurisdiction.
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May 19, 2025
Vape Makers, Sellers Want NC E-Cigarette Law Stayed For Suit
A group of vaping industry entities including a trade group, electronic cigarette makers and sellers urged a North Carolina federal judge to temporarily block enforcement of a new state regulation of their market while they pursue their challenge to the statute, which they argued is preempted by federal law.
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May 16, 2025
Capital One Inks $425M Deal In Savers' 'High-Interest' Suit
Capital One has agreed to pay $425 million to put to rest a proposed class action alleging that it deceptively advertised its 360 Savings accounts as high-interest savings products, according to a joint notice filed Friday in Virginia federal court.
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May 16, 2025
Krispy Kreme Overhyped McDonald's Pact, Investors Say
Krispy Kreme investors hit the doughnut chain with a proposed securities class action Friday, alleging Krispy Kreme overhyped its partnership with McDonald's before disclosing poor financial results and uncertainty about its future.
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May 16, 2025
Anthropic's AI-Hallucinated Errors Taint Filing, Publishers Say
Music publishers suing Anthropic for copyright infringement accused the artificial intelligence company on Friday of downplaying the seriousness of errors in a filing caused by Anthropic's own Claude AI tool, saying the company's counsel violated a judge's standing order and arguing that the filing at issue should be tossed.
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May 16, 2025
Workday Hiring Bias Suit Wins Collective Status
A California federal judge on Friday agreed to certify a collective action of job applicants over 40 who claim they were illegally steered away from jobs by a Workday hiring tool, finding that whether Workday discriminated on the basis of age is a question that "cuts across" the collective.
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May 16, 2025
Florida Wrongly Took Unclaimed Funds, 11th Circ. Rules
The Eleventh Circuit on Friday revived a Florida couple's proposed class action over unclaimed property, vacating a lower court's judgment that a $26.24 insurance premium refund they were owed was assumed to be abandoned before it was transferred into state custody.
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May 16, 2025
Attys With 'Borrowed' Claims Can't Skip Inquiry, Lumen Says
Telecommunications company Lumen has told the Colorado Supreme Court that attorneys still need to conduct their own "objectively reasonable inquiry" when borrowing claims from outside litigants, in the hopes of beating a shareholder suit that took allegations from other cases despite attorneys not speaking to the witnesses.
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May 16, 2025
Parents Sue Colgate Over Alleged Dangers Of Fluoride Rinse
A proposed class of buyers of oral rinses is suing Colgate-Palmolive Co., alleging it misleadingly advertises its Hello Kids Fluoride Rinse as safe despite the U.S. Food and Drug Administration considering it too dangerous for children under 6 years old.
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May 16, 2025
Food Delivery App's $80M Investor Settlement Gets Final OK
Investors suing mobile food delivery and ride-hailing services operator Grab Holdings Ltd. have received final approval of an $80 million deal settling claims that several sections of a proxy statement Grab filed with a special purpose acquisition company were false and misleading.
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May 16, 2025
Mich. Judge Gives Final OK To $55M Pandemic Aid Deal
A Michigan state judge has granted final approval to a $55 million settlement between the Michigan Unemployment Insurance Agency and people who allege their benefits were improperly clawed back without notice during the pandemic.
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May 16, 2025
Insurer Asks 7th Circ. To Revise BIPA Coverage Ruling
A Hanover Insurance unit urged the Seventh Circuit on Friday to revise a ruling that it must indemnify a condiment manufacturer in an underlying biometric privacy suit if notice was timely, saying the court improperly relied on a settlement that wasn't part of the trial record.
Expert Analysis
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Website Accessibility Ruling Leaves Circuit Split Unresolved
A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.
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The Fed. Circ. In October: Aetna And License-Term Review
The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.