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Class Action
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September 22, 2025
National Instruments Investors Granted Class Cert.
A New York federal judge has certified a class of investors who sold National Instruments Corp. stock during two windows in 2022 while the company was repurchasing shares and considering an acquisition offer, finding that reliance can be presumed and damages can be measured on a class-wide basis, among other things.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.
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September 22, 2025
Catching Up With Delaware's Chancery Court
Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.
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September 22, 2025
Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule
A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.
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September 22, 2025
NC Farms Didn't Jointly Employ Migrant Farmers, Judge Says
Three farm operators didn't jointly employ two Mexican migrant farmers who accused them of failing to reimburse workers for travel and visa expenses and requiring illegal kickbacks for meal charges, even though the farms filed H-2A visa applications together, a North Carolina federal judge ruled.
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September 22, 2025
Alorica 401(k) Participants Win ERISA Class Cert.
A California federal judge agreed Monday to certify a class of participants in business process company Alorica's 401(k) plan who alleged that high fees and poorly performing investments violated federal benefits law, holding that the proposed 4,000-member group had enough in common to warrant the court's signoff.
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September 22, 2025
Barclays Credit Card User Must Arbitrate Meta Privacy Suit
A Barclays customer must arbitrate his putative class action alleging it discloses his interactions on the bank's website with Meta Platforms Inc. while logged into his Barclays account, after a New York federal judge said Friday his subsequent use of his credit cards supports that he received cardholder agreements containing arbitration provisions.
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September 22, 2025
Ga. Tip Theft Attys Secure $226K Fee Award
A Georgia federal judge awarded $226,000 in attorney fees to the lawyers behind a $161,000 verdict earlier this year against an Atlanta restaurant that was accused by servers of illegally pocketing their tips and docking their wages.
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September 22, 2025
Mich. Judge Won't Certify Class In Dental Insurer TCPA Suit
A Michigan federal judge won't certify a proposed class alleging Solstice Benefits sent unsolicited faxes to customers in violation of the Telephone Consumer Protection Act, finding that determining members of the class would require highly individualized inquiries that would essentially defeat the purpose of a class action.
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September 22, 2025
Floridians Defend Moore & Van Allen Malpractice Claims
A proposed class of Floridians accusing Moore & Van Allen PLLC of mishandling their employee stock ownership trust have told a federal court that a change in venue is unwarranted, and that despite the law firm's claims to the contrary, they have personal standing to sue on behalf of the trust.
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September 22, 2025
Hard Rock Cafe Can't Beat Workers' Tip Wage Suit
A class of servers supported their claims that Hard Rock Cafe International required them to perform excessive untipped work without paying them full minimum wage, a Georgia federal court ruled, rejecting the chain's argument that they didn't lose their tipped-employee status.
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September 22, 2025
Anthem's $12.9M ERISA Deal Clears First Hurdle
A New York federal judge has granted preliminary approval to a nearly $12.9 million settlement resolving claims that Anthem wrongfully denied coverage for residential behavioral health treatment under employer-sponsored health plans.
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September 22, 2025
Mayo Clinic Can't Fully Nix Suit Over Withheld Benefits Info
The Mayo Clinic and its benefits administrator can't entirely escape a worker's suit claiming they pushed her to work with pricey out-of-network providers and wouldn't provide reimbursement estimates, after a Minnesota federal judge said she supported some federal benefits law claims with enough detail to remain in court.
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September 22, 2025
Dorel Sued Over Fall From Recalled Kitchen Step Stool
A New York woman is suing Dorel Home Furnishings Inc. in a proposed class action in Missouri federal court, alleging she fell because of a defect in the company's step stool that caused its safety handle to break off while she was on it.
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September 19, 2025
NY County Says It's Immune From Immigrant Detention Suit
Long Island officials on Friday asked a New York federal judge to throw out a class action brought by immigrants who say they were unlawfully detained past their release dates at the request of federal immigration authorities, saying local law enforcement has federal sovereign immunity when acting in cooperation with the feds.
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September 19, 2025
IBS Drug Buyers Win Class Cert. In Takeda Antitrust Case
A Massachusetts federal judge on Friday certified buyer classes in litigation alleging Takeda Pharmaceutical broke antitrust law by cutting a pay-for-delay deal with Par Pharmaceuticals to keep a generic version of Takeda's anti-constipation drug Amitiza off the market for several years.
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September 19, 2025
Nvidia Objects To Class Cert. In Former High Court Case
Nvidia has urged a California federal court to not grant class certification in a case that briefly went before the U.S. Supreme Court, arguing the plaintiffs' claims that the company failed to inform investors about its reliance on the volatile crypto market are too individualized to proceed as a group.
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September 19, 2025
BofI Directors Beat Investor Suit Over Whistleblower Probe
A California federal judge has permanently dismissed a shareholder derivative suit against the top brass of BofI Holding Inc. accusing them of misconduct that led to a costly internal investigation into a whistleblower's allegations, finding the plaintiff failed to demonstrate that a pre-suit demand upon the board would have been futile.
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September 19, 2025
Fla. Court OKs $20M Settlement In Fortra Data Breach MDL
A Florida federal judge gave final approval to a $20 million class action settlement as part of multidistrict litigation over theft of personal information from millions of U.S. citizens in a health data breach tied to a Russian ransomware group.
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September 19, 2025
MLB App Breaches Led To Lost, Stolen Tickets, Fan Claims
Major League Baseball's mobile ticketing app has had systemic security breaches resulting in the disappearance or theft of game tickets throughout the season, with MLB failing to fully acknowledge the problem and leaving fans "in the lurch,'' according to a proposed class action in New York federal court.
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September 19, 2025
AmTrust Investors Seek Class Cert. After 2nd Circ. Revival
AmTrust investors have asked a New York federal judge to certify three subclasses covering those who purchased stock in the insurer's $320 million initial public offering, after the Second Circuit revived their case against the firm and its auditor BDO USA LLP over financial restatements AmTrust had to make.
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September 19, 2025
Estée Lauder Faces Derivative Suit In Del. After Stock Drops
An Estée Lauder Inc. stockholder filed a derivative lawsuit late Friday against the cosmetics giant's officers and directors in Delaware's Court of Chancery, seeking recoveries over a $41 billion market capitalization plunge after a long-undisclosed reliance on "gray market" sales in China came to light.
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September 19, 2025
Aerospace Co. Workers' 401(k) Management Suit Falls Flat
An aerospace technology company Friday largely defeated a proposed class action alleging its 401(k) plan was loaded with costly and underperforming investment options after a California federal judge said plan participants hadn't shown the investment strategy was unreasonable.
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September 19, 2025
Court Unseals Deals Ending Worker Row With Car Tech Maker
A North Carolina federal judge who plans to unseal a settlement to a wage and hour suit against an automotive technology manufacturer on Monday unsealed a portion of the deal on Friday, revealing the company paid $175,000 to settle one plaintiff's non-wage claims.
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September 19, 2025
Mich. Supreme Court Won't Review Stormwater Fee Disputes
The Michigan Supreme Court declined Friday to review a pair of challenges to Detroit and Ann Arbor's stormwater fees, allowing lower court opinions to stand that said the fees were not taxes subject to constitutional limits.
Expert Analysis
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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ERISA Forecast After Diverging Pension Risk Transfer Rulings
Two district courts' split decisions on whether plaintiffs had standing in class actions challenging pension risk transfer transactions, amid a swath of similar suits, provide an early indication of how courts might rule in this new wave of Employee Retirement Income Security Act litigation, say attorneys at Gibson Dunn.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Maximizing Employer Defenses After Calif. Meal Waiver Ruling
A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.
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Charging A Separate Tariff Fee May Backfire For Retailers
In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.