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Consumer Protection
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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.
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October 31, 2025
Students Defend Law School Application Fee Antitrust Suit
Plaintiffs in a proposed class action accusing the Law School Admission Council of fixing application fees with its member schools claim in a new filing their complaint is strong enough to survive a motion to dismiss.
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October 31, 2025
RealPage, Landlords Flag 'Fatal Deficiencies' In Antitrust Suit
Property management software company RealPage Inc. and multiple landlords are urging a New Jersey federal court to toss the state's rent price-fixing suit, arguing that the suit contains "fatal deficiencies" and that the state is relying on circumstantial evidence in its attempt to show that the defendants made anticompetitive agreements.
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October 30, 2025
Snowflake, Clients Can't Escape MDL Over Cloud Data Breach
Cloud storage provider Snowflake, along with its clients Ticketmaster and LendingTree, will continue to face sprawling multidistrict litigation over a data breach that hit Snowflake last year, after a Montana federal judge refused several bids to ax or force arbitration of negligence and other claims brought by a wide range of consumers who were impacted by the incident.
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October 30, 2025
Sling TV Settles Privacy Claims From Calif. Streaming Sweep
Sling TV has agreed to pay $530,000 to settle California's allegations that the streaming television service made it hard for consumers to stop the sale of their personal information and failed to provide sufficient privacy protections for children, California's attorney general announced Thursday.
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October 30, 2025
Lufthansa Must Face Same-Sex 'Outing' Suit, 9th Circ. Says
Deutsche Lufthansa AG cannot ground a same-sex couple's lawsuit accusing the German airline of outing their marriage to the Saudi Arabian government, a split Ninth Circuit panel ruled Thursday, saying there are enough strings tying the case to California to meet jurisdiction requirements.
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October 30, 2025
Philly Accuses PBMs Of Knowingly Enabling Opioid Crisis
Philadelphia on Thursday sued CVS Caremark, Express Scripts and Optum, accusing the pharmacy benefit managers of contributing to the city's opioid epidemic via deceptive marketing and conspiring with drugmakers to increase the sale of OxyContin and other prescription opioids.
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October 30, 2025
Apple, Google Fight Bids To Depose CEOs In Antitrust Suit
Google LLC and nonparty Apple Inc. have fired back in California federal court on a proposed class of consumers' effort to depose Apple CEO Tim Cook and Google CEO Sundar Pichai in their antitrust case alleging Google suppressed rival search engines with anticompetitive deals.
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October 30, 2025
BetterHelp Wins Defense Costs From Insurer For Privacy Case
A California federal judge said a CNA Financial Corp. insurance unit must pay for BetterHelp's legal defense costs in underlying consumer litigation claiming the online therapy provider unlawfully disclosed private health information without consent, saying the timing of the alleged Electronic Communications Privacy Act violation triggered the duty to defend.
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October 30, 2025
Small Biz Groups Seek Quick Win In CFPB Lending Data Fight
A coalition of consumer-aligned advocacy groups is seeking summary judgment in Washington, D.C., federal court in their suit aiming to compel the Consumer Financial Protection Bureau to implement a 15-year-old Congressional mandate to collect lending data for women- and minority-owned small businesses.
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October 30, 2025
Judge Says FCA Qui Tam Provisions Don't Violate Constitution
A Wisconsin federal judge has rejected Wisconsin Bell's attempt to shutter a whistleblower's claims it overcharged schools and libraries for connectivity services provided under the federal E-Rate program by arguing the False Claims Act's qui tam provisions are unconstitutional.
Expert Analysis
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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.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.