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Class Action
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May 13, 2025
Judge Preserves Consumer Action Over Kratom Extract
A Missouri federal judge has largely preserved claims against a company that markets an opioid-like kratom extract, advancing a proposed consumer class action alleging the products were deceptively marketed to hide their addictive properties.
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May 13, 2025
Applebee's Accused Of 'Egregious' Delivery Order Junk Fees
Applebee's employs a deceptive bait-and-switch tactic to stick hidden junk fees to delivery orders on its website that aren't mentioned to customers until the very end of the check-out process, allowing it to rake in millions in profit, according to a proposed class action filed in California federal court.
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May 13, 2025
1st Circ. Urged To Rule In Appeal Over Canceled HUD Grants
Groups challenging Trump administration cuts to $30 million in housing grants asked the First Circuit to rule that a Massachusetts federal judge, in fact, has the power to order federal officials to fund the grants, even after the judge dissolved such a ruling in reaction to a recent U.S. Supreme Court finding.
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May 13, 2025
Trump Nudges Justices To Lift Ban On Venezuelan Removals
The Trump administration has asked the U.S. Supreme Court to lift a 3-week-old order temporarily prohibiting the government from removing a group of almost 200 alleged Venezuelan gang members currently detained in northern Texas to an El Salvador prison, citing new lower court rulings and a detention center protest.
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May 13, 2025
Berkshire Unit Loses Bid To Transfer Commission Fee Suit
A Berkshire Hathaway unit and a full-service real estate company cannot transfer a proposed class action accusing real estate brokers of conspiring to inflate commissions for home sales out of Missouri federal court, the presiding judge has ruled.
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May 13, 2025
11th Circ. Eyes Restarting Seafood Workers' $92M ESOP Suit
The Eleventh Circuit seemed Tuesday to lean toward reviving a lawsuit from former workers of a seafood company who allege that their employee stock ownership plan was overcharged in a $92 million deal, as judges questioned a lower court's decision to toss the case with prejudice.
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May 13, 2025
Criticizing Migrant Law TRO Isn't Contempt, Fla. AG Says
Florida's attorney general has argued that he should not be held in contempt for telling law enforcement agencies he could not force them to comply with a temporary restraining order blocking enforcement of a state law criminalizing the entry of unauthorized immigrants.
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May 13, 2025
Walmart Settles Biometric Privacy Suit Ahead Of June Trial
Walmart and a driver for Walmart's grocery delivery platform have resolved his claims that the platform's identity verification process violates Illinois' biometric privacy law by scanning geometric facial data in their selfies and licenses to authenticate an applicant's identity without informed consent.
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May 13, 2025
Former X Exec Can Drop His Bonus Suit, Avoiding Sanctions
A former X Corp. executive can drop his suit accusing the social media company of failing to pay out bonuses after Elon Musk took over, a California federal judge ruled, rejecting the company's bid to sanction him for knowing his case was baseless from the start.
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May 13, 2025
Howard Agrees To End Retiree's Mortality Table Suit
Howard University has agreed to settle a proposed class action claiming its use of decades-old mortality data to calculate retirement benefits unlawfully reduced retirees' payouts, according to a filing in D.C. federal court.
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May 13, 2025
GM Drivers Say V-8 Engine Recall Killed Fuel Economy
A group of seven drivers have taken General Motors LLC to Pennsylvania federal court, asserting on behalf of a proposed nationwide class that the company sold them defective 6.2-liter V-8 engines and left them with a choice of either risking catastrophic failure or suffering worsened fuel economy after a recall.
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May 12, 2025
Bitcoin Miner Investor Sues Over Flawed Financial Reports
Bitcoin mining company Bitfarms Ltd. faces a proposed investor class action alleging it improperly accounted for certain capital-raising transactions, hurting investors when it announced it would restate its 2022 and 2023 financials.
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May 12, 2025
W.Va. High Court Declines 4th Circ. Request For Opioid Input
The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.
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May 12, 2025
Google, YouTube Reach Deal To End Kids' Data Collection Suit
Google LLC and its YouTube subsidiary say they have reached a settlement to resolve a long-running proposed class action accusing them of illegally collecting children's data to generate targeted advertising, after a California federal judge refused to release the companies from the dispute earlier this year.
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May 12, 2025
Management Co. Can't Nab Early Win In OT Suit, Court Told
Workers alleging a staffing and project management company failed to pay proper overtime rates urged a Georgia federal judge to deny its bid for summary judgment, saying the company dressed up hourly wages as salaries to dodge overtime obligations.
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May 12, 2025
Coinbase Inks $2.25M Deal In Dogecoin Sweepstakes Suit
Coinbase Inc. and promoter Marden-Kane have agreed to pay $2.25 million to put to rest a proposed class action over a Dogecoin cryptocurrency sweepstakes, a deal that follows a trip to the U.S. Supreme Court, according to a motion filed in California federal court Friday.
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May 12, 2025
AI Cash Advance Co. Cleo Faces Service Member Class Action
Artificial intelligence-powered finance app Cleo faces a proposed class action alleging it violated the federal Military Lending Act with its cash advance product by lending to active duty service members at rates "well in excess" of the relevant legal rate cap.
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May 12, 2025
Instacart Beats Investor Suit Over Pre-IPO Business
A California federal judge tossed a shareholder class action accusing grocery delivery company Instacart of misrepresenting its potential in the lead-up to its initial public offering, finding, among other things, that the plaintiffs did not sufficiently plead any actionable misleading statements or that the defendants acted with a motive to deceive investors.
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May 12, 2025
Chancery Nixes Paramount-Skydance Books Suit Intervention
Delaware's Chancellor on Monday denied a Paramount Global preferred shareholders' motion to intervene in a New York public pension fund group's suit for documents on Paramount's proposed $8 billion merger with Skydance Media, the latest development in a sprawling, potential post-closing deal challenge.
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May 12, 2025
UAW Drops Claim Over Frozen Unemployment Benefits
The United Automobile, Aerospace and Agricultural Workers of America agreed to drop its claim that the Michigan Unemployment Insurance Agency violated an agreement to better investigate potentially fraudulent claims as long as the agency takes steps to comply with the deal.
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May 12, 2025
Boeing Execs Say Cert. Appeal Warrants Stay Of 737 Max Suit
Boeing executives have argued state pension fund litigation accusing them of putting profits over safety should be paused while the Fourth Circuit reviews the certification of a class of investors who are accusing the company and its leaders of making false statements about the 737 Max.
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May 12, 2025
AGs Call Sandoz Deal's Consumer-Side Benefits 'Illusory'
Dozens of state attorneys general asked a Pennsylvania federal judge to permit intervention into a $275 million settlement resolving generic-drug price-fixing claims from end-payor plaintiffs against Sandoz, arguing the deal threatens relief for consumers and warning that the agreement favors insurers over individuals.
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May 12, 2025
Michigan Denied Exit From Edenville Dam Collapse Litigation
Flood victims can press forward with litigation against Michigan over the collapse of a hydroelectric dam, a claims court judge ruled Monday, finding that questions remain about the state's role in the disaster.
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May 12, 2025
Redfin Shareholder Sues To Block $1.75B Rocket Cos. Merger
A shareholder has hit Redfin Corp. and several members of its top brass with a class action in Washington state federal court, seeking to block the real estate technology company's planned merger with Rocket Cos. by alleging the merger's proxy statement is false and misleading.
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May 12, 2025
9th Circ. Asks Wash. Justices About Fake Discount CPA Suit
The Ninth Circuit has called on Washington state's highest court to clarify whether a shopper who claims she purchased leggings from clothing retailer Aéropostale based on an alleged fake discounting scheme has suffered harm covered by the state Consumer Protection Act.
Editor's Picks
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NFL Seeks To End Race-Based Concussion Tests After Outcry
The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.
Expert Analysis
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Web Tracking Ruling Signals Potential Broadening Of CCPA
The Northern District of California's recent decision in Shah v. Capital One Financial Corp. is notable, as it signals a potential broadening of the California Consumer Privacy Act's private right of action beyond data breaches to unauthorized, nonbreach disclosures involving the use of now-ubiquitous tracking technologies, say attorneys at Baker Donelson.
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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.