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Class Action
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									October 23, 2025
									Derailment Counsel Fee Provision 'Troubles' 6th Circ. JudgeA three-judge Sixth Circuit panel on Thursday seemed skeptical that counsel representing victims of the fiery 2023 train derailment in East Palestine, Ohio, was blindsided by a "quick-pay" provision in the attorney fee agreement that saw class lawyers get paid before their clients. 
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									October 23, 2025
									Musk Can't Lean On Atty Defense In Twitter Investor DisputeA New York federal judge on Thursday blocked Elon Musk from asserting that he relied on his attorneys' advice in deciding when to disclose that he had taken an ownership interest in Twitter, saying it wouldn't be fair to the platform's former shareholders to allow him to move forward with that defense. 
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									October 23, 2025
									Truckers Nab Class Cert. Only Against Trucking Co. PresidentContracts signed by proposed class members in a wage suit include arbitration and class-waiver provisions that reach a transportation company but do not extend to its president and founder, an Illinois federal judge found, partially granting two trackers' bid for class certification. 
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									October 23, 2025
									NY Tribal Members Can't Block New Financial Aid PolicyA federal district court judge has determined that two New York tribal members can't block a new U.S. Education Department policy that requires Jay Treaty students to provide proof of permanent residence status to apply and receive financial aid, saying their claims fell short for lack of standing. 
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									October 23, 2025
									Shipbuilders' Discovery Demands Go Too Far, Engineer SaysOne of the naval engineers suing the nation's largest military shipbuilders over an alleged no-poach agreement said she's already identified 20 witnesses and produced more than 3,000 pages of documents in discovery, but the companies are still asking for attorney work product in their latest demands. 
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									October 23, 2025
									Buyers Sue Colgate Over Lead Found In Kids' ToothpasteA proposed class of buyers is suing Colgate-Palmolive Co. in California federal court, alleging that it sold children's toothpaste that contains substantial amounts of lead without warning consumers. 
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									October 23, 2025
									5th Circ. Revives Religious Bias Suit Over DOD Vaccine PolicyThe Fifth Circuit breathed new life into a proposed class action claiming the U.S. Department of Defense unlawfully slow-walked civilian employees' requests for religious exemptions from its COVID-19 vaccination directive, saying the mandate getting rescinded didn't nullify the lawsuit. 
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									October 22, 2025
									Apple Hit With Another Suit Alleging Copyright Theft For AIApple is using pirated copies of authors' works to train its artificial intelligence models, one author alleged Wednesday in yet another class action filed in California federal court against the Cupertino company, saying Apple's alleged copyright infringement was an act of desperation to avoid falling behind competitors. 
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									October 22, 2025
									Meta Beats False Ad Suit Over Bricked Devices, For NowA California federal judge indicated Wednesday that he'll toss a proposed class action alleging Meta deceptively sold Portal video-calling devices that it later "bricked" by dropping software support, but he allowed the buyers to amend their claims, saying Meta's decision to strip the devices of functionality "seems wrong." 
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									October 22, 2025
									PragerU Beats Privacy Suit Over Video Data Sharing, For NowA California federal judge has tossed a putative class action accusing conservative media group PragerU of illegally sharing information about website visitors' video-viewing activities with Meta, finding that the plaintiffs focused only on the "general capabilities" of the tracking technology being deployed rather than on how it was being used to divulge their own personal information. 
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									October 22, 2025
									Tesla Claims Texas Charter Trumps Sweeping Claims In Del.Attorneys for Tesla, its principals and Elon Musk told Delaware's chancellor on Tuesday that the company's widely trumpeted corporate charter move from Delaware to Texas should doom a Court of Chancery consolidated stockholder suit challenging a string of actions by the company and Musk. 
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									October 22, 2025
									4th Circ. Seems Wary Of Under Armour's $100M Coverage WinThe Fourth Circuit didn't seem convinced Wednesday that it should affirm a lower court's finding that government investigations into Under Armour are unrelated to a securities class action against the sportswear company and thus trigger an additional $100 million in directors and officers coverage from Under Armour's excess insurers. 
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									October 22, 2025
									RJR Says 'Carbon Neutral' Vape Claim Was Not DeceptiveR.J. Reynolds companies, claiming they were telling the truth when asserting their Vuse e-cigarette was the "first carbon neutral" vape on the market, urged a California federal judge on Tuesday to dismiss consumers' proposed class claims they engaged in deception. 
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									October 22, 2025
									StubHub Says Swift Fan Must Arbitrate Eras Tour Tickets SuitStubHub Holdings Inc. urged a Washington federal judge on Wednesday to force arbitration in a customer's proposed class action, contending the plaintiff launched the lawsuit after the company began arbitrating her claims that it failed to deliver on $14,000 worth of tickets she purchased for Taylor Swift's Eras Tour. 
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									October 22, 2025
									'Forthright' Yardi Source Code Production Beats Rent SuitYardi thinks it's found the right formula for beating antitrust litigation targeting algorithms allegedly used to fix prices for rental housing, hotel rooms and more, winning a California state court ruling the software company's attorneys say is the first to nix claims by looking at the source code itself. 
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									October 22, 2025
									REIT Inks $7M Settlement Of Ex-CEO's Class Action ClaimsA real estate investment trust has reached a $7.125 million deal to end a proposed investor class action brought by its former CEO alleging its insiders breached their fiduciary duties after the company's common stock was diluted by "disastrous" stock redemption decisions. 
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									October 22, 2025
									Kroll Wants FTX Hack Suit Tossed, Arbitrated Or MovedBankruptcy claims agent Kroll Restructuring Administration LLC has asked a Texas federal judge to transfer or sink a proposed class action over a data breach that affected creditors of FTX Trading Ltd., BlockFi Inc. and Genesis Global Holdco LLC, pointing to alleged standing issues and an online arbitration agreement. 
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									October 22, 2025
									Grocery Outlet Fights Investor Claims Over IT Update WoesGrocery Outlet Holding Corp. has asked a California federal court to toss a shareholder's suit accusing it of botching the implementation of an enterprise resource planning system that allegedly caused operational disruptions and financial losses, saying the suit is based on "impermissible fraud by hindsight." 
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									October 22, 2025
									Investor Advocates Criticize SEC's New Arbitration StanceTwo investor advocacy groups are speaking out against a recent U.S. Securities and Exchange Commission decision to allow some newly public companies to adopt mandatory arbitration clauses, arguing that the move undermines shareholder rights and could make the U.S. a less attractive place to invest. 
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									October 22, 2025
									NCAA, Tennis Players Can't Reach Deal In Prize-Money SuitA court-ordered federal mediator has reported an impasse between the NCAA and college tennis players challenging the rules barring them from competing in and earning prize money in professional events without forfeiting their college eligibility. 
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									October 22, 2025
									6th Circ. Backs Lordstown Execs In Failed Foxconn Deal SuitThe Sixth Circuit has upheld the dismissal of a suit claiming former executives of Lordstown Motors Corp. misled investors about the state of a partnership with Foxconn Technology Group, finding leaders' optimism about the ultimately failed deal wasn't intentionally false. 
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									October 22, 2025
									Privilege 'Dramatization' Won't Shield 7K Docs In Ads MDLAn Illinois federal judge took Meredith, Nexstar, Sinclair and other broadcasters to task Monday for trying to withhold 6,893 documents in multidistrict litigation alleging a television advertising price-fixing scheme, finding it "necessary to level set with defendants" on their own failings to justify withholding the material from ad buyers. 
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									October 22, 2025
									Pool Maker Hit With Suit Over Deadly Design FlawBestway on Tuesday was hit with a proposed class action in Illinois federal court over five million recalled above-ground pools that resulted in the deaths of nine children, saying that the company's recall after years of failing to act burdens consumers. 
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									October 22, 2025
									Winix Air Purifier's HEPA Filter Claims Are False, Suit SaysA Winix Global customer has filed a proposed false advertising class action in Illinois federal court alleging that the company is "making a killing" selling air purifiers and replacement filters that fail to live up to claims that they can capture at least 99.97% of dust, pollen and any airborne particles. 
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									October 22, 2025
									Straight Path Class Attys Appeal $1.2B Damage Claim TossAn attorney for Straight Path Communications shareholders told Delaware's justices Wednesday the state Supreme Court should revive a $1.2 billion claim tied to company controller Howard Jonas' allegedly self-interested role in shutting down a board special committee's pursuit of damages against him. 
Expert Analysis
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								Series Coaching Cheerleading Makes Me A Better Lawyer  At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan. 
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								Series Law School's Missed Lessons: How To Make A Deal  Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable. 
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								A New IP Game Plan For College Football Players  For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law. 
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								From Clerkship To Law Firm: 5 Transition Tips For AssociatesExcerpt from Practical Guidance  Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler. 
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								Associates Can Earn Credibility By Investing In Relationships  As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron. 
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								A Shifting Trend In FDA Form 483 Disclosure Obligations  A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird. 
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								Calif. Arbitration Fee Ruling Gives Employers Slight Leeway  The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter. 
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								Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling  The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law. 
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								Assessing Federal Securities Class Action Stats In '25 So Far  The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group. 
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								Series Quilting Makes Me A Better Lawyer  Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham. 
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								2 Appellate Rulings Offer Clickwrap Enforcement Road Map  Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing. 
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								How Tariffs Can Affect Event Studies In Securities Litigation  When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA. 
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								What 2 Profs Noticed As Transactional Law Students Used AI  After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School. 
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								Despite SEC Reset, Private Crypto Securities Cases Continue  While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden. 
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								8th Circ. Rulings Show Employer ADA Risks In Fitness Tests  Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge. 
