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Class Action
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October 31, 2025
Judge Questions ICE's Warrantless Arrests In ACLU Case
After more than 12 hours of testimony, a federal judge appeared unconvinced by the government's position that U.S. Immigration and Customs Enforcement had done nothing wrong to warrant preliminary injunctive relief in a proposed class action alleging the agency is conducting warrantless arrests without determining probable cause.
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October 31, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this installment of Wheeling & Appealing, November's appellate calendar features a Trump lawsuit against Hillary Clinton, New York City housing disputes, drug pricing battles, immigrant rights cases, and challenges to so-called patent troll laws.
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October 31, 2025
Return Detainees For Suit Over ICE Facility, Judge Says
Immigration detainees who were transported to Kansas the morning after they launched a proposed class action over allegedly inhumane conditions at the government's Broadview, Illinois, holding facility should be promptly returned to the Northern District of Illinois, a Chicago federal judge said Friday.
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October 31, 2025
5th Circ. Rejects Late Claims Over Arkema Plant Explosions
The Fifth Circuit on Friday tossed claims that accused chemical manufacturer Arkema Inc. of being liable for property damage caused by one of its industrial plants exploding after Hurricane Harvey hit Texas in 2017, ruling that the lower court rightfully determined that the claims are time-barred.
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October 31, 2025
Toxic-Water Litigants Slam Expert As 'Rented White Coat'
An expert witness for the federal government in litigation over contaminated water at the Camp Lejeune military base is merely a "rented white coat" proffering junk science and serving big-industry interests, claimants told a North Carolina federal court this week in a bid to exclude her from the case.
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October 31, 2025
Trump Admin Must Keep SNAP Running, Federal Judges Say
A Rhode Island federal judge Friday ordered the Trump administration to use contingency funds to sustain Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown, while a Boston federal judge gave the government until Monday to choose one of two paths to keep the program running to some degree.
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October 31, 2025
Athletes Seeking Employee Status Renew Class Cert. Bid
A group of college athletes, whose fight to be recognized as employees was revived by the Third Circuit last year, is urging a Pennsylvania federal court to certify them as a class, saying they meet the necessary criteria.
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October 31, 2025
Aetna Strikes $650K Deal In Lipedema Patients' Coverage Suit
Aetna has agreed to pay up to $650,000 to resolve a class action claiming it unlawfully refused to cover liposuction for over two dozen patients with a rare condition called lipedema, according to a filing in California federal court.
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October 31, 2025
Bayer Investors Get Final OK For $38M Settlement, Atty Fees
A California federal judge has finalized a $38 million settlement between Germany-based Bayer AG and a class of investors who claim the company deceived them about the litigation risks of acquiring Roundup producer Monsanto, with the lead plaintiffs' attorney saying the deal reaffirmed investors' ability to hold foreign companies responsible for violating U.S. securities laws.
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October 31, 2025
Plumbing Co. Reaches $1.8M Deal In 401(k) Forfeiture Suit
A plumbing supply company has agreed to pay $1.8 million to close a suit claiming it allowed its $2.6 billion retirement plan to be bogged down by excessive management fees and pricey investment funds, according to a California federal court filing.
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October 31, 2025
PVC Pipe Makers Say Price 'Conspiracy' Is 'Basic Economics'
Polyvinyl chloride pipe manufacturers facing antitrust claims over 2020 price increases have told an Illinois federal judge the purchaser plaintiffs have failed to plausibly show there was a per se price-fixing conspiracy, so their suit should be dismissed.
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October 31, 2025
Ed Dept. Pushing Millions Of Borrowers Into Default, Suit Says
The secretary of the U.S. Department of Education and three major credit bureaus were hit with a proposed class action in Georgia federal court for allegedly forcing millions of student loan borrowers into delinquency and default due to operational failures in loan servicing after the COVID-19 deferment period ended earlier this year.
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October 31, 2025
4 Mass. Rulings You May Have Missed In October
Massachusetts state court judges in October dealt with missing details in a trade secrets case, missing lawyers in a proposed class action over COVID-19-related refund demands, and missing evidence during summary judgment proceedings.
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October 31, 2025
Alphabet Investors Seek Class Cert. In Google Probe Suit
Alphabet Inc. investors have asked a California federal judge to grant class certification in a suit against the Google parent company and its CEO, Sundar Pichai, over an allegedly false statement made to Congress in 2020 about the fairness of ad auctions, arguing it is a "textbook example of a case warranting class action treatment."
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October 31, 2025
Garnet Health Inks $4.6M Deal In Retirement Fee, Fund Suit
Garnet Health Medical Center has agreed to fork over $4.6 million to end a proposed class action alleging the New York healthcare network mismanaged employee retirement plan fees and investments, according to settlement documents filed by workers Friday in New York federal court.
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October 31, 2025
Obesity Drugmaker Escapes Clinical Trial Securities Suit
Biopharmaceutical company BioAge Labs Inc. has, for now, escaped a suit alleging investors were hurt by plummeting share prices after the company unexpectedly halted a clinical trial for a weight loss drug, saying that the investors failed to plausibly show the company did not properly disclose risks to the trial.
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October 31, 2025
3 Argument Sessions Benefits Attys Should Watch In Nov.
The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.
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October 31, 2025
Gov't Shutdown Puts Pause On Firefighting Foam PFAS Suits
A South Carolina federal judge on Friday agreed to stay 22 cases in a multidistrict litigation seeking to hold the U.S. government liable for so-called forever chemical contamination from firefighting foam as the government shutdown continues.
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October 31, 2025
Students Defend Law School Application Fee Antitrust Suit
Plaintiffs in a proposed class action accusing the Law School Admission Council of fixing application fees with its member schools claim in a new filing their complaint is strong enough to survive a motion to dismiss.
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October 31, 2025
FirstEnergy Asks 6th Circ. To Deny Bid For Bribery Probe Info
FirstEnergy Corp. asked the Sixth Circuit to make clear that investors suing it over a billion-dollar bribery scandal aren't entitled to depose its directors, officers and employees about internal investigations undertaken by Jones Day and Squire Patton Boggs.
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October 31, 2025
3rd Circ. Preview: BMW, MiLB And Sandoz Top Nov. Lineup
The Third Circuit in November will hear a pair of disputes over awards handed out in New Jersey federal court, including a nearly $4 million attorney fee for class counsel representing BMW drivers and a $70 million win for Sandoz Inc. in a contract battle over blood pressure medicine.
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October 31, 2025
'David V. Goliath' Litigation Boutique Launches In SoCal
A longtime Miller Barondess LLP trial lawyer has joined forces with a former Los Angeles federal prosecutor to launch a nationwide litigation boutique representing both plaintiffs and defendants in high-stakes business disputes.
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October 31, 2025
Wage Suit Against Property Management Co. Ends For Good
A building and grounds maintenance worker ended his suit in California federal court accusing a property management company of failing to pay minimum wage and overtime after a deal that settled the remaining individual claims.
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October 30, 2025
Snowflake, Clients Can't Escape MDL Over Cloud Data Breach
Cloud storage provider Snowflake, along with its clients Ticketmaster and LendingTree, will continue to face sprawling multidistrict litigation over a data breach that hit Snowflake last year, after a Montana federal judge refused several bids to ax or force arbitration of negligence and other claims brought by a wide range of consumers who were impacted by the incident.
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October 30, 2025
Michigan Tax Foreclosure Deal At Risk As Deadline Looms
Property owners on Wednesday asked a Michigan federal judge to undo the initial approval of a settlement reached with counties accused of illegally keeping the proceeds of tax-foreclosed home sales, saying the counties' delay in providing information will force claimants to miss a deadline to choose how they want to recover their share.
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.