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Class Action
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May 05, 2025
Veterans Look To Bar Firm's Contacts With Potential Class
Veterans urged a North Carolina federal judge to bar a consulting firm from contacting potential class members about litigation accusing the firm of charging illegal fees, saying it has emailed tens of thousands of them asking to help with the firm's defense.
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May 05, 2025
Retirement Co. Settles 401(k) Fee Suit After $38.8M Verdict
A retirement services company agreed to resolve a class action claiming it loaded a multiemployer 401(k) plan with exorbitant administrative fees, according to a New York federal court filing, less than two weeks after a jury said the company should pay the 27,000-member class $38.8 million.
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May 05, 2025
Hotel Management Co. Exits Pension Fund Withdrawal Battle
A company tapped to manage a hotel at the center of a $1.1 million withdrawal liability lawsuit between the City of San Jose and a UNITE HERE pension fund has reached a deal with the plan to exit the case, according to a California federal court filing.
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May 05, 2025
NFL, Retail Group Back NBA In Video Privacy Fight
The National Football League and a retail industry group filed separate briefs supporting the National Basketball Association's bid for the U.S. Supreme Court to let it out of a video privacy class action over its video viewing data practices, arguing that the Second Circuit stretched the relevant law beyond Congress' intent.
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May 05, 2025
Mass. Assisted Living Facility Settles Class Suit Over Fees
A Massachusetts assisted living facility has settled claims by a group of low-income, elderly residents that they were charged an illegal "ancillary fee" that depleted much of their monthly allowances.
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May 02, 2025
RTX Cos., Workers Nab Initial OK Of $19.9M Break, Wage Deal
A California federal judge Thursday preliminarily blessed a $19.9 million deal between companies affiliated with aerospace and defense giant RTX Corp. and workers who accused the company in a putative class action of failing to provide proper wages and breaks, saying the deal was likely fair, reasonable and adequate.
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May 02, 2025
Insulin Giants' Antitrust Victory On Shaky Ground At 2nd Circ.
A major legal triumph for manufacturers of wildly popular medications treating diabetes and obesity suddenly looked precarious Friday at the Second Circuit, where judges sounded open to reviving a proposed class action alleging a multibillion-dollar conspiracy in a controversial drug-discount program.
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May 02, 2025
Abbott Beats Bellwether In Formula MDL Ahead Of Trial
An Illinois federal judge Friday held that Abbott Laboratories isn't liable for the death of a baby who consumed its Similac baby formula, entering judgment in favor of Abbott in a bellwether case in multidistrict litigation that was set to head to trial in a little over a week.
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May 02, 2025
Ill. Judge Questions Legal Theory In Multiplan Pricing MDL
An Illinois federal judge handling multidistrict litigation accusing Multiplan of conspiring with insurers to fix out-of-network reimbursement rates seemed unsure Friday that a viable antitrust theory is at play, saying the plaintiffs' alleged market dynamic seems similar to various individuals independently deciding to hire the same "really good painter."
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May 02, 2025
Judge Tosses Claims Uphold Misled Users Of Crypto Product
Uphold HQ Inc. beat a suit from users Friday when a New York federal judge ruled the digital money platform didn't mislead users about the safety of a now-defunct partner's crypto interest product its platform once supported.
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May 02, 2025
Apple Beats Suit Over Child Porn In ICloud Accounts, For Now
A California federal judge tossed a proposed class action Thursday claiming Apple engaged in "privacy-washing" by ignoring a problem with child sexual abuse material on its iCloud storage platform, dismissing some claims with prejudice while allowing others to be amended.
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May 02, 2025
Fed. Circ. Gives MSN Short Pause For Entresto Appeal
The Federal Circuit told a Delaware federal judge on Friday to hold off entering final judgment in litigation that would delay MSN Pharmaceuticals Inc. from launching a generic version of Novartis' blockbuster heart medication Entresto.
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May 02, 2025
United Airlines Beats Retirees' ERISA Suit, For Now
A federal judge in Chicago has freed United Airlines from a consolidated proposed class action retired employees filed accusing the company of locking them out of a generous retirement package, saying a company policy the retirees leaned on wasn't governed by the Employee Retirement Income Security Act.
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May 02, 2025
'Smart' Glass Maker Settles SPAC Merger Suit For $11M
"Smart" glass manufacturer View Inc. and investors have reached an $11 million deal to resolve a proposed class action over an internal probe the company announced following its go-public merger with a special purpose acquisition company.
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May 02, 2025
Truck Modification Co. Shorted Workers Overtime, Suit Says
A commercial truck modification company flouted state and federal labor laws by allegedly failing to pay its hourly employees for work beyond their allotted shift times, according to a proposed class and collective action filed in North Carolina federal court.
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May 02, 2025
TD Bank Must Face Suit Over Name Used To Collect On Debt
Credit card issuer TD Bank NA can't nix a proposed class action alleging it violated West Virginia consumer credit laws prohibiting entities from using different names when collecting debt, after a federal judge said Friday it sought to collect under "Samsung Financing" and "TD Retail Card Services," neither of which is its true name.
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May 02, 2025
Feds Urge Judge To Deny ACLU's Broader Injunction Request
The Trump administration said a Washington, D.C., federal judge can't order the government to facilitate the return of Venezuelan nationals deported from the U.S. to El Salvador's Terrorism Confinement Center "in a district in which none of the affected individuals are located."
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May 02, 2025
Musk Can Pursue Most Claims Against OpenAI, Microsoft
Microsoft, OpenAI and several of their affiliates cannot escape the bulk of Elon Musk's lawsuit accusing the companies of swindling him by transitioning the ChatGPT maker into a for-profit enterprise, a California federal judge ruled.
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May 02, 2025
3 Argument Sessions Benefits Attys Should Watch In May
The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.
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May 02, 2025
CR Bard Owes $20M In Ga. Ethylene Oxide Cancer Trial
A Georgia jury awarded $20 million in compensatory damages on Friday to a man who said his cancer was caused by exposure to ethylene oxide from C.R. Bard's medical sterilization plant, sending the case to a second phase for punitive damages.
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May 02, 2025
Helzberg's Diamond Shops Accused Of Fake Discounts
A ring buyer hit national jewelry chain Helzberg's Diamond Shops LLC with a proposed class action alleging that the company frequently runs sales to the point where the claimed original list prices are no longer the actual regular prices, violating consumer protection statutes.
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May 02, 2025
Yale University Hit With Class Claims Over Payroll Schedule
Yale University has illegally paid salaried employees on a monthly basis instead of weekly or bi-weekly, as required in Connecticut, according to a putative class action in state court.
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May 02, 2025
Ariz. Utility Co., Retirees To Settle Mortality Data Suit
An electric utility holding company agreed to resolve a proposed class action claiming its use of outdated mortality data shorted retirees who opted to receive pension benefits with their spouses, according to a filing in Arizona federal court.
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May 01, 2025
NCAA Coaches Get Initial OK For $49M Wage-Fix Deal
A California federal judge granted preliminary approval Wednesday to a group of roughly 1,000 Division I volunteer baseball coaches for their settlement under which the NCAA would pay $49.5 million to resolve their proposed antitrust class action challenging a since-repealed "uniform wage fix" bylaw.
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May 01, 2025
2nd Circ. Won't Revive Privacy Suit Over Video Data Sharing
The Second Circuit on Thursday upheld the toss of a proposed class action accusing digital streaming provider Flipps Media Inc. of unlawfully sharing video-viewing information with Meta Platforms Inc., finding that the disclosed data didn't fall within the scope of the federal Video Privacy Protection Act.
Expert Analysis
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How A 9th Circ. Identicality Ruling Could Affect AI Cos.
If the Ninth Circuit agrees to settle a district court split over whether the Digital Millennium Copyright Act requires a copy to be identical to an original to support an actionable claim for removing copyright management information, the decision could have important ramifications for artificial intelligence businesses, says Maria Sinatra at Venable.
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Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit
A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.