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Class Action
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May 30, 2024
NCAA V. Athletes Suits Paused As Parties Talk Final Deal
The consolidated cases in the class action against the NCAA over athletes' name, image and likeness compensation were stayed by a California federal judge Thursday, the next step toward finalizing the multibillion-dollar settlement the two sides reached last week.
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May 30, 2024
Court Urged To Bring Fla. College Retirement Fee Suit To Trial
Workers for Embry-Riddle Aeronautical University have urged a Florida federal court to reject the college's bid for an early win in the proposed class action lawsuit over retirement account investments, saying key factual disputes that still remain over whether recordkeeping fees should be hashed out at trial.
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May 30, 2024
The 'Not-Postings' Of A Delaware Chancery Court Judge
Close observers of Delaware's Court of Chancery have recently gotten a new window into the First State's preeminent court of equity: Delaware Vice Chancellor J. Travis Laster, one of seven judges on the court's bench, has recently rejoined LinkedIn.
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May 30, 2024
NYU Law Review Beats Bias Claims Over Diversity Efforts
A New York federal court on Thursday dismissed a lawsuit from a self-described straight white male, first-year law student at New York University claiming the NYU Law Review is discriminatory.
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May 30, 2024
Ford Settles Union Worker's Retirement Credit Suit
Ford Motor Co. and a union retirement plan have agreed to settle an employee's proposed class action claiming the company improperly calculated retirement benefits owed to workers who were injured on the job, according to a filing Thursday in Michigan federal court.
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May 30, 2024
Chauffeur Co. Agrees To Pay $2.5M In Wage Settlement
A chauffeur company agreed to give $2.5 million to settle over 600 drivers' claims that it failed to pay them hourly or for overtime or maintain records as required by federal and state labor law, according to a bid to approve the deal filed in Arizona federal court.
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May 30, 2024
Kraft-Owned Paper Mill Inks $18M Deal In Emissions Suit
Property owners who sued the operators of a paper mill co-owned by New England Patriots owner Robert Kraft have asked a South Carolina federal court to approve an $18 million settlement to end nuisance and personal injury claims over the mill's emissions.
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May 30, 2024
High Court Calls For 2nd Circ. Redo In BofA Preemption Fight
The U.S. Supreme Court on Thursday threw out a Second Circuit decision that freed Bank of America NA from class action litigation brought over a New York escrow interest law, ruling that the circuit court wasn't "nuanced" enough in finding the law preempted for national banks.
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May 30, 2024
Ex-Sidley Atty To Lead Faegre's West Coast Class Action Team
Faegre Drinker Biddle & Reath LLP is boosting its litigation team, announcing Wednesday it is bringing in a Sidley Austin LLP class action ace as a partner in its Los Angeles office.
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May 29, 2024
Amazon Shouldn't Escape BIPA Suit, Judge Recommends
A Washington federal magistrate judge on Wednesday recommended that the court should not toss a suit alleging Amazon.com Inc. collected facial scans of teens playing a popular video game without proper disclosures or consent, saying the plaintiff sufficiently alleges that Amazon knowingly obtained the data and disseminated it.
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May 29, 2024
Meta's Policy On Threats List 'Sounds Nefarious,' Judge Says
The California federal judge overseeing claims Meta blacklists certain adult performers questioned the social media giant's practice of keeping its list of dangerous organizations and individuals as a "living document" that changes constantly and isn't archived, saying the policy appears to destroy evidence and "sounds nefarious."
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May 29, 2024
Spotify Listeners Slam Scrapped Music Device As 'Paperweight'
Spotify has suddenly decided to shut down its "Car Thing" device, which connects listeners' playlists to their cars, making the devices obsolete and leaving customers "with nothing more than a paperweight that cost between $50 and $100," according to a proposed class action filed Tuesday in New York federal court.
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May 29, 2024
Merrill Lynch Inks $20M Deal In Financial Advisers' Bias Suit
Merrill Lynch has agreed to pay nearly $20 million to settle class action claims filed in Florida federal court alleging discrimination and retaliation against a proposed class of nearly 1,400 Black financial advisers who alleged they received less pay and promotions compared to their white counterparts.
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May 29, 2024
Visa, Mastercard Consumers Ink $197.5M ATM Antitrust Deal
A pair of Visa and Mastercard consumers asked a Washington, D.C., federal judge Wednesday to greenlight a $197.5 million class settlement that would resolve claims that the credit card companies conspired with major banks to fix ATM access fees.
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May 29, 2024
Forescout Investors Win Class Cert. Over Tanked Sale
A California federal judge agreed to certify a class of shareholders of cybersecurity company Forescout who allege the company deceived investors ahead of a sale that ultimately fell apart, marking the latest win for plaintiffs who previously saw the case dismissed with prejudice three years ago.
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May 29, 2024
Chancery Sends Momentus De-SPAC Claims Toward Trial
A Delaware vice chancellor refused to dismiss any counts Wednesday in a suit filed by investors in the special purpose acquisition company that took commercial space venture Momentus Inc. public in August 2021, with the court noting that the case will be judged on plaintiff friendly entire fairness standards.
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May 29, 2024
DACA Holder Accuses Fla. Credit Union Of Discrimination
A man with temporary immigration protections through the Deferred Action for Childhood Arrivals program is accusing Florida's third-largest credit union of unlawfully denying him a home loan based on his immigration status, in a suit filed Wednesday in federal court.
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May 29, 2024
Microsoft's Post-Merger Layoffs Cited In I-Told-You-So Appeal
A private group of gamers is pointing to Microsoft's recent layoffs of 1,900 Activision and XBox employees as evidence of market harms stemming from Microsoft Corp.'s acquisition of Activision Blizzard Inc., as the group seeks to revive a private antitrust suit challenging the merger in the Ninth Circuit.
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May 29, 2024
9th Circ. Rejects Objections To $23M Monsanto Roundup Deal
The Ninth Circuit on Wednesday affirmed a district court's approval of a $23 million MDL settlement to resolve claims that Monsanto failed to warn buyers of the carcinogens in its Roundup weed killer, finding there was no indication of collusion as argued by Missouri-based objectors.
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May 29, 2024
Barilla Pasta Buyers Win Class Cert. In Italy Labeling Suit
A California federal judge on Tuesday certified a class action alleging Barilla falsely labels its pasta as being made in Italy after she rejected the company's argument the class is insufficiently defined since it removed the challenged representation in 2022, finding a well-defined class can include those who suffered no injury.
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May 29, 2024
Robinhood Reaches Deal To End 'Meme Stock' Investor Suit
Robinhood Markets Inc. told a Florida federal judge Tuesday that it has reached a settlement with investors to resolve a suit over the trading platform's suspension of so-called meme stock purchases, saying it anticipates finalizing the deal within the next two weeks.
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May 29, 2024
Mercedes-Benz Fights Class Cert In Takata Airbag MDL
Attorneys for Mercedes-Benz on Wednesday urged the judge overseeing the multidistrict litigation over allegedly defective Takata airbags to deny consumers' bid for class certification, arguing that the evidence is clear the company didn't know of any defects in the airbags before a recall was issued.
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May 29, 2024
Chancery Pins Down Musk, Tesla On Pay Bid, Del. Jurisdiction
Delaware's chancellor has nailed Elon Musk, Tesla Inc. and their counsel to assurances that the company won't flee state corporate law jurisdiction and a potentially massive stockholder attorney fee dispute by rushing votes on a struck-down, $56 billion compensation plan for Musk and proposed reincorporation in Texas.
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May 29, 2024
BofA Sued Over 'Confusing' Automatic Card Payment Terms
Bank of America has been hit with a proposed class action in New York federal court over its "confusing" automatic credit card payment options that charge monthly interest even when a customer pays the balance in full.
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May 29, 2024
The NFL's $6 Billion Question: Is Sunday Ticket A Racket?
After nearly a decade of testy antitrust litigation, the NFL finds itself on the precipice of a trial that could put it on the hook for billions of dollars if a California jury finds that the league and its teams illegally colluded with DirecTV in pricing its Sunday Ticket broadcast package.
Expert Analysis
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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Strategies For Single-Member Special Litigation Committees
The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.
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Opinion
Suits Against Insulin Pricing Are Driven By Rebate Addiction
A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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Setting The Stage For High Court BofA Escrow Interest Case
Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.