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Class Action
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January 12, 2026
PayPal Looks To Nix Merchant Rules Case For 3rd Time
PayPal is seeking to escape the latest version of a proposed class action accusing it of illegally boosting online retail prices with restrictive merchant agreements, saying the consumers do not address deficiencies identified by the court in two previous dismissals.
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January 12, 2026
REITs Say Shareholders' Retooled Liquidation Suit Still Fails
A group of retail-focused real estate investment trusts urged a New Jersey federal court to toss an amended shareholder class action that accuses them of misleading shareholders into approving charter amendments that stopped the planned liquidation of the REITs, arguing that the amended suit repeats claims that were previously tossed.
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January 12, 2026
Elevance Nurses Are Owed No OT, Judge Told As Trial Opens
Elevance Health Inc. said Monday that claims it violated labor law by denying overtime pay to registered nurses evaluating insurance claims are "preposterous," as a Georgia federal bench trial kicked off over a suit from nearly 40 nurses alleging they were stiffed on years of pay.
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January 12, 2026
KeyBank, DACA Recipient Settle Immigration Bias Class Action
A Deferred Action for Childhood Arrivals recipient and KeyBank have reached a settlement in Colorado federal court over his proposed class action alleging that one of the bank's units denied him student loan refinancing services due to his immigration status.
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January 12, 2026
Equipment Rental Cos. Ask To Toss Pricing Software Claims
Construction equipment rental companies including United Rentals, Herc, The Home Depot and others have told an Illinois federal court the benchmarking service they use provides a wide range of prices and doesn't help them fix rental rates.
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January 12, 2026
Apple Hit With False Ad Suit Over Digital Content Sales
Apple customers have sued the company in California state court, alleging it deceptively "sells" popular Apple TV programs and films without informing them that the limited digital license to any of the content could be terminated at any time.
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January 12, 2026
University Of Colorado Paid Women Faculty Less, Suit Says
The University of Colorado at Denver has been paying female faculty significantly less than their male counterparts even after internal audits revealed a pay gap, according to a proposed class action filed in Denver County district court alleging state equal pay law violations.
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January 12, 2026
DOL Tells 4th Circ. Lockheed Pensioner Class Lacks Standing
The U.S. Department of Labor urged the Fourth Circuit to shut down a proposed class action from Lockheed Martin Corp. pension plan participants challenging the company's $9 billion pension risk transfer, arguing a Maryland federal court erred in holding that retirees had established standing.
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January 12, 2026
Supreme Court Won't Disturb 9th Circ. Severance Suit Revival
The U.S. Supreme Court refused Monday to disturb a Ninth Circuit ruling that restarted two former microchip manufacturer employees' class action alleging their employer illegally revoked severance benefits following a merger, turning down an employer-side petition for review of the case.
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January 12, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court closed out the week with developments ranging from leadership changes in a $13 billion take-private case and posttrial sparring over a major earnout to fresh governance fights, revived fraud claims and sanctions tied to advancement rights.
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January 12, 2026
Justices To Pass Up SunTrust's Arbitration Opt-Out Question
The U.S. Supreme Court on Monday declined to hear a petition from SunTrust Bank over whether a Georgia court ruling allowing a proposed class representative to opt out of arbitration on behalf of all proposed class members is preempted by the Federal Arbitration Act.
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January 12, 2026
Justices Won't Weigh Collective Cert. Process In Eli Lilly Case
The U.S. Supreme Court declined on Monday to review whether courts should stick with a long-standing two-step analysis for certifying collective actions in an age discrimination case against Eli Lilly and Co. that could have affected wage and hour litigation.
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January 09, 2026
Bernstein Litowitz Asks To Exit $13B Endeavor Stock Suit
Bernstein Litowitz Berger & Grossmann LLP asked the Delaware Chancery Court on Friday to allow its attorneys to withdraw as lead co-counsel for the shareholder class action over sports and entertainment company Endeavor Group Holdings Inc.'s $13 billion take-private merger.
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January 09, 2026
SEC Drops Action Against Ex-Rio Tinto CFO After 8 Years
The U.S. Securities and Exchange Commission on Friday dropped an enforcement action accusing Rio Tinto PLC's former chief financial officer of violating accounting and auditing rules, bringing a close to long-running litigation the regulator launched against the mining giant in 2017.
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January 09, 2026
Wash. AG Aims To Weigh In On Constitutionality Of Email Law
Washington state's attorney general intends to weigh in on a proposed class action accusing apparel maker Hanesbrands Inc. of flooding consumers' inboxes with misleading marketing emails, responding to Hanes' argument that the state's Commercial Electronic Mail Act is unconstitutional.
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January 09, 2026
Buyer Not Hurt, Cannabis Co. Argues In Dismissal Bid
No consumer has claimed that they were actually hurt by purchasing Cresco Labs' cannabis oils that were allegedly mislabeled to get around state-mandated THC potency limits, the company told an Illinois federal court, arguing that the proposed class action has "fundamental flaws."
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January 09, 2026
Pegasystems Opt-Out Investors Get Green Light For IP Claims
A majority of claims brought by Pegasystems Inc. investors who opted out of a $35 million securities class action settlement will proceed after a Massachusetts federal judge found that a Virginia Court of Appeals ruling reversing a trial court's $2 billion intellectual property judgment against Pega doesn't change the viability of the current suit's claims.
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January 09, 2026
High Court Grants Review Of Falun Gong Cisco Spying Case
The U.S. Supreme Court said Friday it will determine whether the Ninth Circuit was right to reinstate a suit brought under the Alien Tort Statute suit alleging that Cisco aided the Chinese government's allegedly unlawful crackdown on the Falun Gong religious movement.
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January 09, 2026
NextEra Energy Settles Fight Over 401(k) Forfeitures, Fees
NextEra Energy Inc. has agreed to resolve a class action from 20,000 former employees who alleged the company misspent forfeited 401(k) plan funds and allowed Fidelity, the plan's recordkeeper, to charge excessive fees, according to a joint report filed on Friday in Florida federal court.
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January 09, 2026
Furniture Store Employees Get 1st OK For Data Breach Deal
A North Carolina federal judge has granted preliminary approval in a class action settlement to a former employee of a new and used office furniture company in a data breach lawsuit that's just over a year old.
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January 09, 2026
Ready Capital, Broadmark Want Securities Suit Moved To NY
Two real estate investment trusts and other parties urged a Washington federal court to transfer the proposed securities class action they're facing to New York federal court, arguing that the move is needed because the suit overlaps with a case in that state.
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January 09, 2026
WWE Fans Blast 'Bait And Switch' Scheme Over ESPN Access
World Wrestling Entertainment fans filed a proposed class action Thursday in Connecticut federal court alleging it executed a "bait and switch" scheme by misleadingly touting they can watch premium live events on ESPN's new streaming service for free if they're existing subscribers, but then charging $30 a month for it.
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January 09, 2026
DOL Praises Resolution Of Home Depot 401(k) Battle
The U.S. Department of Labor on Friday lauded the withdrawal of a petition for high court review from Home Depot employees who alleged their 401(k) plan was mismanaged, saying the end of the case shows the department's commitment to getting rid of "regulation by litigation."
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January 09, 2026
Paramount Seeks To Toss Privacy Suit Over Kids' Data
Paramount Skydance Corp. urged a California federal court to toss a "haphazard" proposed class action that accuses the media giant of unlawfully disclosing the personally identifiable information of children who streamed content on their families' devices, saying the kids' parents failed to sufficiently allege any of their claims.
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January 09, 2026
Buyers Say Herbal Tea Co.'s 'All Natural' Labels Are False
A group of tea buyers is suing Celestial Seasonings Inc. in Colorado federal court, saying it falsely advertises its herbal teas as having "All Natural" flavors, when instead the ingredients list includes citric acid.
Expert Analysis
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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8th Circ. Rulings Show Employer ADA Risks In Fitness Tests
Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.