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Class Action
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April 28, 2025
Ga. Speaker Claims Immunity In Lawsuit Over Lawmaker Ban
Georgia Speaker of the House Jon Burns has asked a federal judge to free him from a lawsuit lodged by the constituents of a lawmaker who was barred from the chamber in January after calling Burns' predecessor "one of the most corrupt Georgia leaders we'll ever see in our lifetimes."
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April 28, 2025
UScellular, Investors Ink $7.7M Deal In Postpaid Biz Suit
UScellular and the investors who sued the company over its representations about the health of its postpaid mobile phone outfit have agreed to settle their differences for $7.7 million and are asking an Illinois federal judge to sign off on the deal.
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April 28, 2025
Ziploc 'Microwave Safe' Bags Shed Microplastics, Buyer Says
S.C. Johnson & Son Inc. falsely markets Ziploc bags and containers as "microwave safe" and suitable for use in freezers despite knowing they are made from materials that shed microplastics into food when the products are used as directed, according to a proposed class action filed in California federal court.
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April 28, 2025
Justices Open To New Combat Compensation Filing Window
A group of U.S. Supreme Court justices seemed open to letting late-filing veterans get retroactive combat-related special compensation, with some justices saying that the statute might be explicit enough to not fall under the Barring Act's statute of limitations.
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April 28, 2025
TD Bank's $3 Paper Statement Fee Breaks NY Law, Suit Says
TD Bank faces a proposed customer class action alleging it violated New York state law with its practice of charging its customers $3 to mail them paper copies of their monthly billing statements.
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April 28, 2025
Boeing Rips Investors' Class Cert. Bid In 737 Max Fraud Suit
Boeing has told an Illinois federal judge that pension funds and private investors cannot certify a sweeping class action seeking a "jaw-dropping" $15 billion in damages by alleging Boeing repeatedly misrepresented the overall safety and certification process for the 737 Max 8 jets after two deadly crashes in 2018 and 2019.
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April 28, 2025
Napco Faces Investor Suit Over Sales Downturn
Security device maker Napco Security Technologies Inc. faces a proposed investor class action alleging that the company overpromised on a long-term earnings margin goal, hurting investors when trading prices fell as its sales and progress toward that target stalled in February.
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April 28, 2025
Wells Fargo Tells Judge Cash Sweep 'Conflict' Was Disclosed
Wells Fargo said it should be allowed to escape customers' proposed class action alleging the bank's cash sweep investment program disproportionately benefits the bank, arguing it disclosed in its signed agreements with customers the bank's intentions to secure financial gains for itself through the program.
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April 28, 2025
Miami Condo Fire Victims Win Class Certification
A Florida state court judge certified a class of more than 140 Miami residents displaced in a condominium fire in a lawsuit alleging the structure was not safely maintained, ruling that the case will proceed more efficiently and that will also financially benefit the individual plaintiffs.
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April 28, 2025
9th Circ. Nixes COVID-19 App Suit Appeal Against Apple
The Ninth Circuit has once again shut the door on a doctor's suit accusing Apple of illegally refusing to distribute his COVID-19 tracking app through its app store, affirming a lower court ruling from October 2024 that denied his motion to reopen.
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April 28, 2025
Green Group Says Shell Case Discovery Fees Are Too Costly
A Philadelphia-based environmental group suing Shell over pollution from a Western Pennsylvania chemical plant balked at a federal court's order that it pay 15% of the cost to resolve a discovery dispute, arguing it could be left with a potentially devastating tab.
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April 28, 2025
Judge Wants Flight List In '3rd Country' Removal Case
A Massachusetts federal judge on Monday ordered the government to give counsel for a group of deportees challenging their removal to El Salvador the names of everyone else on board at least two flights to that country that occurred after he entered a March order requiring additional due process protections.
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April 28, 2025
Mich. Nurses Quit Claims Of Pay Withheld For Breaks Untaken
Two registered nurses agreed to drop their claims of unpaid wages against the two locations of a Michigan healthcare system they had accused in federal court of requiring them to work through meal breaks without pay, ending the case Monday in federal court.
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April 28, 2025
5th Circ. Grants DOL 30-Day Stay In States' ESG Rule Appeal
The Fifth Circuit on Monday granted the U.S. Department of Labor's request to stay an appeal from Republican-led states in a suit challenging the agency's rule that allows retirement fiduciaries to consider issues like climate change and social justice when choosing investments, but limited the pause to 30 days.
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April 28, 2025
Walgreens Opposes Merging 'Non-Drowsy' Labeling Suits
Walgreens is pushing back on a bid to consolidate two Illinois federal lawsuits alleging the "non-drowsy" label on some of the retailer's cough suppressant medications is misleading, saying the two cases involve different allegations and are at different stages, and arguing that consolidation would cause a delay in the litigation.
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April 28, 2025
Class Attys Seek $6.5M Cut In $29.5M Plantronics Settlement
Lead counsel for Plantronics investors who secured a $29.5 million deal resolving claims the company used "channel stuffing" tactics to bolster revenue are seeking $6.5 million in fees, telling a California federal judge Friday the request is reasonable, given the strong recovery and their track record successfully prosecuting similar securities cases.
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April 28, 2025
Boston Children's To Pay $3M In Retirement Plan Fee Suit
Boston Children's Hospital will pay $3 million to a class of participants in its retirement plan to settle claims that it saddled them with excessive fees.
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April 28, 2025
Justices Won't Disturb 9th Circ.'s AT&T 401(k) Suit Revival
The U.S. Supreme Court declined on Monday to hear AT&T's bid for review of a Ninth Circuit panel decision reviving a class action against the telecom giant alleging mismanagement of an employee 401(k) plan, rejecting employers' request for more clarity from the court on the pleading standard for federal benefits lawsuits alleging excessive fees.
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April 25, 2025
Baby Food Maker Keeps Win In Suit Saying It Concealed Toxins
The Ninth Circuit on Friday affirmed a summary judgment win for California-based Plum Organics, saying in an unpublished opinion that parents who accused the baby food maker of failing to disclose potential toxins in its baby food products didn't sufficiently prove that Plum's products pose an unreasonable safety hazard.
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April 25, 2025
Nike Investors Say 'Brazen' NFT Rug Pull 'Decimated' Them
Nike was hit with a proposed securities class action on Friday accusing the athletic apparel giant of touting its nonfungible tokens before abruptly abandoning that business, in a "brazen rug pull" that left purchasers of Nike's NFTs "decimated."
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April 25, 2025
Cadence Bank Customers Seek Final OK For $4.5M Fee Deal
Customers of Cadence Bank have asked an Arkansas federal judge to grant a final sign-off to a $4.5 million deal to end proposed class action claims over the bank's charging of a type of overdraft fee known as "authorize positive, settle negative" fees.
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April 25, 2025
PacifiCorp Should Pay $96M To Wildfire Victims, Jury Told
Nine plaintiffs who fled from wildfires started by PacifiCorp's negligence should get $95.5 million in noneconomic damages, an Oregon state jury heard in closing arguments Friday, while PacifiCorp's lawyer told the jury to focus on what the evidence actually supports and award roughly $2.2 million in that category.
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April 25, 2025
Judge Urges Creativity For Nonparties In Sprint Merger Row
T-Mobile, a group of Verizon and AT&T subscribers and a host of nonparty mobile carriers and network operators must try again to hash out a creative yet reasonable way to shield confidential information from the nonparties' anticipated discovery in litigation challenging T-Mobile's merger with Sprint, an Illinois magistrate judge has said.
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April 25, 2025
Sutter Health To Pay $228M In Years-Old Antitrust Suit
A class of millions of health insurance premium payors asked a California federal judge Friday to greenlight an eleventh-hour $228.5 million settlement resolving their long-running claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.
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April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools
The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
Expert Analysis
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Nvidia Supreme Court Case May Not Make Big Splash
The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.