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Consumer Protection
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October 31, 2025
Drugmakers Can't End States' Dermatology Price-Fixing Suits
A Connecticut federal judge on Friday refused to throw out the vast majority of claims in a nationwide antitrust enforcement action accusing a long list of pharmaceutical companies of fixing the prices of generic dermatology drugs, rejecting the companies' argument that the claims were filed too late.
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October 31, 2025
Amgen Again Challenges Colo. Price Cap For Arthritis Drug
Amgen has once again sued Colorado over its price cap for the arthritis drug Enbrel, claiming that the Centennial State's drug price-control statute violates the U.S. Constitution, conflicts with federal patent law and threatens patients' access to lifesaving medications.
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October 31, 2025
Bank Group Cautions OCC On Fintech Trust Charter Bids
Another major banking trade group is pushing back on efforts by a string of digital asset and payment firms to obtain federal banking charters from the Office of the Comptroller of the Currency, warning that granting the charters would invite legal and systemic risks.
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October 31, 2025
Binance Founder Demands Warren Retract 'Defamatory' Claim
The recently pardoned founder of crypto exchange Binance is demanding Sen. Elizabeth Warren, D-Mass., retract alleged misstatements criticizing the president's decision to grant clemency following reported business ties between Binance and the Trump family.
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October 31, 2025
Roblox Sued Over Suicide Of Child Targeted By Predator
Roblox has been hit with another lawsuit over a child's suicide, from a woman telling a Texas federal court that her son's suicide resulted from a connection he made with a child predator through the online gaming platform.
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October 31, 2025
9th Circ. Nixes Exemption To Bioengineered Food Label Rule
The Ninth Circuit delivered a mixed ruling Friday in some food advocacy groups' challenge to federal food labeling regulations, affirming that the U.S. Department of Agriculture can use the term "bioengineered" over "GMO" or "genetically modified" but reversing an order exempting highly refined foods from receiving the bioengineered label.
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October 31, 2025
Online Casino Game Operators Sued For Gambling Losses
Three companies that run gambling websites have been hit with federal class claims from two New Jersey residents who alleged they're operating illegally and imposing unenforceable arbitration terms.
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October 31, 2025
Community 'Anchors' Set Sights On More Connectivity Funds
Advocates for school, library and healthcare connectivity said Friday they're optimistic about their public policy goals and, despite a few recent setbacks, are focused on making sure broadband funding continues to go toward community "anchors."
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October 31, 2025
MV Realty Will Pay $2.8M To End NJ Suit Lien Agreements
Florida-based MV Realty has entered into a $2.8 million settlement with New Jersey to resolve a lawsuit claiming it duped cash-strapped homeowners into signing agreements with predatory terms that placed liens on their homes for a one-time cash payment, the state's attorney general's office said Friday.
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October 31, 2025
Up Next At High Court: Tariffs, Fugitives & Contractor Liability
The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.
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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
FDA Warns Against Fluoride Use In Young Children
The U.S. Food and Drug Administration on Friday said it is stopping sales of unapproved fluoride products labeled for use by children under the age of three as part of the Trump administration's Make America Healthy Again movement.
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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
4th Circ. Denies En Banc Review In Bestwall Ch. 11 Case
The Fourth Circuit on Thursday declined asbestos claimants' request for an en banc review of a panel ruling in a Georgia-Pacific LLC spinoff's Chapter 11 case, rejecting on an 8-6 vote an argument that the bankruptcy is a sham and blocks victims' access to justice.
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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
1st Circ. Refuses To Transfer FCC Prison Phone Rate Case
The First Circuit declined Friday to move multidistrict litigation over prison phone rate caps to the Fifth Circuit, rejecting an argument from phone service providers.
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October 31, 2025
CFPB Union Sounds Alarm As Funding 'Approaches Zero'
The Consumer Financial Protection Bureau's employee union warned that the agency is on the verge of running out of money and called for its acting Director Russell Vought to immediately request additional funds from the Federal Reserve.
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October 31, 2025
OpenAI Opposes 'Cookie-Cutter' Google Search Fixes
OpenAI waded into the Justice Department's case against Google's search monopoly Friday to urge the D.C. federal judge to apply flexibility to mandates requiring Google to syndicate its search results to would-be rivals, arguing that permitting Google's more rigid "ten blue links" proposal would stifle "innovative uses."
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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
NJ Lawmaker Introduces Bill To Ban Kratom Extract
A New Jersey state senator is looking to ban a kratom-derived compound, 7-hydroxymitragynine or 7-OH, which the U.S. Food and Drug Administration says should be highly restricted and is at the center of several proposed consumer class actions.
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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
Federal Action Sought To Boost Low Earth Orbit Satellites
Federal officials need to update rules governing low Earth orbit satellites to allow the space-based communications industry to keep expanding at a time of rising congestion, according to a pair of think tanks.
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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
FCC Plans To Drop More Regs Covering 'Obsolete' Techs
When the Federal Communications Commission convenes for its monthly meeting in November, it will vote on a measure that would nix nearly two dozen more rules that the agency has deemed obsolete in one fell swoop.
Expert Analysis
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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How NJ's Proposed Privacy Rules Could Reshape AI Data Use
Although not revolutionary, New Jersey's proposed privacy rules would create obligations around the management and processing of consumer personal data that will require careful planning before they can be successfully implemented, say attorneys at Norton Rose.