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Class Action
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November 14, 2025
FirstEnergy Investors Ask Again For 6th Circ. Clarification
A week after the Sixth Circuit declined to reconsider a ruling blocking FirstEnergy investors from accessing documents prepared by BigLaw firms investigating the company's $1 billion bribery scandal, investors have once again asked the court to clarify its decision, arguing that it is "premised on a clear error of fact."
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November 14, 2025
Buyer Defends Antitrust Claims Against Berkshire Subsidiary
A Nebraska-based insulation company has urged a Colorado federal judge to keep alive the company's proposed antitrust class action against a Berkshire Hathaway-owned firm, arguing its claims are timely and plausibly show the subsidiary illegally monopolized calcium silicate insulation.
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November 14, 2025
Consumers Want 9th Circ. To Recertify Apple IPhone Class
Apple users want the Ninth Circuit to restore the certification of their antitrust class accusing the technology giant of trapping them within the App Store, arguing a California federal judge improperly front-loaded the identification of individual members, when all that matters is that "nearly 200 million" users were harmed.
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November 14, 2025
Safeway Beats Claims It Falsely Advertised Wine Discount
Grocery chain Safeway beat a proposed class action alleging that it hawks bogus, limited-time discounts on wine for its rewards members, after a California federal judge said Thursday that the members don't specifically allege how Safeway's representations were false or misleading, since higher, nonmember prices are unquestionably real prices charged to nonmembers.
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November 14, 2025
DoorDash Inks $18M Deal With Chicago Over Fee Practices
DoorDash will pay $18 million to resolve the city of Chicago's suit in Illinois federal court alleging it fooled diners into paying higher prices, charged hidden fees, used tips to subsidize its own costs and took advantage of restaurants during the COVID-19 pandemic, according to the city's announcement Friday.
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November 14, 2025
Poultry Producer Avoids 401(k) Forfeiture Lawsuit
A poultry producer defeated a proposed class action Friday alleging it unlawfully used forfeited 401(k) funds to cover its contributions to the plan, with a Mississippi federal judge finding the plan's terms gave the company discretion over how to allocate the funds.
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November 14, 2025
Hogan Lovells Secures Landmark $6.75M Prison Reform Deal
After four days, Demetrius Goshen just wanted to take a shower. But, when he got the attention of corrections officers, it came with a beating, part of a wave of abuse against more than 150 other incarcerated individuals that sparked a lawsuit brought by Hogan Lovells and led to a $6.75 million settlement and a slew of reforms.
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November 14, 2025
Drug Buyers Defend Class Cert. In 3rd Circ. Generics Case
Direct purchasers and end-payers in the sprawling multidistrict litigation over alleged price-fixing of generic drugs are fighting requests from Actavis and Mylan to undo class certification in the cases, arguing to the Third Circuit that the litigation is a classic example of a class action matter.
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November 14, 2025
Junior Hockey Players Fight Wage Case Dismissal In Appeal
Junior hockey players have asked the Ninth Circuit to reverse a lower court toss of their wage suppression suit against the National Hockey League and Canadian leagues, arguing that the territorial reach of U.S. antitrust laws gives United States federal courts jurisdiction.
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November 14, 2025
SeaWorld Faces Fla. Suit Over 'Bait-And-Switch' Fees
A Florida woman has brought a federal proposed deceptive business practices class action against SeaWorld, alleging that the theme park uses "bait-and-switch" tactics to lure customers and tacks on junk fees for ticket purchases.
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November 14, 2025
Customer PFAS Cases Against Conn. Water Cos. Can Proceed
Connecticut's utility and public health regulators do not have the authority to grant the relief that customers are seeking through two proposed class actions alleging The Connecticut Water Co. and Aquarion Water Co. sold water contaminated with "forever chemicals," a state court judge ruled in declining to dismiss each case.
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November 14, 2025
Colo. Mining Co. Accused Of Denying Pre-Shift Pay
A Colorado mining company failed to pay workers for time spent putting on protective gear and attending meetings, a former lead man and heavy equipment operator alleged in a proposed collective action in federal court.
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November 14, 2025
Camp Lejeune Plaintiffs Say Feds' Overlong Briefs Risk Delays
Attorneys representing Camp Lejeune toxic water litigants are urging a North Carolina federal court to expedite the upcoming set of bellwether cases, saying the government shouldn't be allowed to cause delay through unnecessary and excessive briefs that together are longer than "Moby Dick."
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November 14, 2025
ByHeart Sued Over Baby Food Botulism Contamination
A proposed class of consumers is suing ByHeart Inc., alleging that the company failed to warn buyers that its baby formula is contaminated with Clostridium botulinum, which can cause rare but potentially fatal infant botulism.
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November 13, 2025
BofA, BNY Slam 'Razor-Thin' Epstein Enabling Claims
Bank of America and the Bank of New York Mellon Corp. urged a Manhattan federal judge Thursday to toss lawsuits accusing them of enabling Jeffrey Epstein's sex trafficking enterprise and failing to timely report the late sex offender's suspicious transactions, saying "razor-thin allegations" don't connect the institutions to the crimes.
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November 13, 2025
HGTV Owner Sheds Video Privacy Suit Over Meta Data Sharing
A New York federal judge Thursday tossed a putative class action accusing the owner of HGTV of illegally sharing information about website visitors' video-watching activities with Facebook, finding that the plaintiff had failed to adequately allege that the media company disclosed the type of data protected by federal video privacy law.
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November 13, 2025
7th Circ. Judge Questions Pilgrim's Chicken Price-Fix Win
A Seventh Circuit judge seemed skeptical Thursday that a brief email acceptance and an unsigned agreement are enough to say Pilgrim's Pride had definitively settled chicken and other protein price-fixing claims with Sysco before a Burford Capital LLC unit picked them up to continue litigating.
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November 13, 2025
Cancer Patient Was Severely Addicted, Tobacco Jury Told
The youngest daughter of a longtime smoker who died of lung cancer testified Thursday at trial against Philip Morris and R.J. Reynolds that her mother went to emotional and behavioral extremes to get her "fix."
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November 13, 2025
Coinbase Counsel's DExit Letter Triggers Class Atty Pushback
A Grant & Eisenhofer PA principal has challenged Coinbase Global Inc.'s continued limiting of public disclosures in a Delaware Court of Chancery suit alleging insider trading ahead of a stock plunge, after the company told the U.S. Securities and Exchange Commission Wednesday it will recharter in Texas.
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November 13, 2025
Ricoh USA Inks Deals In Pair Of 401(k) Forfeiture, Fee Suits
Ricoh USA Inc. informed Pennsylvania federal judges Thursday that it has brokered settlements to close two suits claiming the digital services company mismanaged its $2 billion retirement plan, including one case that saw its excessive fees claims revived by the Third Circuit.
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November 13, 2025
2nd Circ. Revives Bright Health Investors' Pandemic Suit
The Second Circuit on Thursday revived a suit alleging healthcare management services company Bright Health Group Inc. misled investors in its 2021 initial public offering about its anticipated costs during the COVID-19 pandemic, finding that the complaint plausibly alleged the defendants hid preexisting operational issues and risks.
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November 13, 2025
Texas Coke Bottler Defeats Suit Over 401(k) Management
A Dallas Coca-Cola bottler escaped a proposed class action claiming it saddled its 401(k) plan with subpar investment options and misused forfeited retirement plan funds, with a Texas federal judge saying Thursday the workers' allegations were too flimsy to stay in court.
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November 13, 2025
NC Biz Court Bulletin: Rulings Spotlight Coverage Clashes
The North Carolina Business Court plowed into the fourth quarter with two big decisions in insurance disputes that involved $50 million in COVID-19-related losses at a chain of outlet malls, and an industrial accident at a Nucor Corp. iron plant in Louisiana.
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November 13, 2025
CVS Reaches Deal In 'Non-Drowsy' Labeling Class Action
A woman has agreed to settle her proposed class action against CVS Pharmacy accusing it of deceptively marketing its flu medicine as "non-drowsy" when it contained a drug known to cause drowsiness.
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November 13, 2025
Anthropic Judge Rips Opt-Out Law Firm As 'Quick Buck' Ploy
A California federal judge on Thursday blasted Arizona law firm ClaimsHero Holdings LLC for encouraging authors to opt out of Anthropic PBC's $1.5 billion deal to end copyright infringement claims, saying it looks like the firm is "trying to trick people" for a "quick buck."
Expert Analysis
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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When Rule 12 Motions Against Class Allegations Succeed
Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.
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Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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5 Insurance Claims That Could Emerge After NCAA Settlement
Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.
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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.