OpenAI Must Produce Chat Logs, Exec Diary In Copyright MDL

By Theresa Schliep

A federal magistrate judge in New York ordered OpenAI to furnish an executive's personal journal along with tens of millions of ChatGPT logs in response to requests by news organizations and authors in their copyright litigation against the artificial intelligence company.

Order attached | Read full article » | Save to favorites »

Alex Spiro Says Twitter Atty 'Misremembering' Offer To Settle

By Bonnie Eslinger

Elon Musk attorney Alex Spiro testified before a California federal jury Tuesday that a lead Twitter lawyer who said Spiro tried to renegotiate Musk's $44 billion deal to buy the social media platform was "misremembering," saying Twitter's counsel offered the discount and asked for legal waivers over the company's bot claims.

Read full article » | Save to favorites »

11th Circ. Torn On Ga.'s Social Media Restrictions For Children

By Chart Riggall

An Eleventh Circuit panel appeared conflicted Tuesday over a Georgia law that placed new restrictions on children's use of social media, suggesting that some provisions were "clearly constitutional" while others likely won't clear First Amendment scrutiny.

Read full article » | Save to favorites »

Apple AirTag Plaintiffs Can't Get Class Cert. In Tracking Suit

By Dorothy Atkins

A California federal judge refused to certify a class of stalking victims suing Apple for designing AirTags that were susceptible to abuse by stalkers, after comparing the case during a hearing last week to mass tort litigation against Uber Technologies Inc. over driver sexual assaults.

Order attached | Read full article » | Save to favorites »

8th Circ. Revives Loan Forgiveness Suit, Keeps Plan Blocked

By Jared Foretek

The Eighth Circuit has revived a challenge to a Biden-era student loan repayment program brought by Republican-led states, hours after a group of borrowers sued the U.S. Department of Education in Washington, D.C., claiming that the case's dismissal last month should have immediately restarted the program.

2 documents attached | Read full article » | Save to favorites »

Aluminum Co. Execs To Pay $7M To End ESOP Lawsuit

By Patrick Hoff

Executives at an Indiana aluminum manufacturer and an employee stock ownership plan trustee will pay $7 million to end a proposed class action alleging they reneged on an agreement to sell the company to the ESOP when the founder died, according to a federal court filing.

3 documents attached | Read full article » | Save to favorites »

Panel Blocks Pension Atty Fee Deduction By Wash. Agency

By Ben Adlin

Washington's Department of Retirement Systems can't pay down a $12.6 million legal bill related to a $32 million class settlement over pensions by deducting from a class member's withdrawal of their state retirement contributions, a three-judge state appellate panel ruled Tuesday, partially affirming a trial court's ruling in the worker's favor.

Opinion attached | Read full article » | Save to favorites »

Genworth Unravels 401(k) Fund Suit Class Cert. At 4th Circ.

By Kellie Mejdrich

The Fourth Circuit on Tuesday reversed class certification for Genworth Financial Inc. employee 401(k) participants who alleged that their retirement savings were dragged down by underperforming BlackRock Inc. target date funds, holding that individual plan participants' investment performance was too varied for the court to sign off on their claims as a group.

Order attached | Read full article » | Save to favorites »

Roblox Investors Aim To Preserve Claims As Clock Runs Down

By Emilie Ruscoe

Funds invested in immersive gaming platform Roblox are asking to intervene in a proposed class action alleging the company understated the likelihood of a post-COVID lockdown user revenue slump, saying the clock was running out for bringing certain claims while the judge weighs dismissing the suit.

Memorandum attached | Read full article » | Save to favorites »

Semiconductor Co. Says Key Witness Now Disputes Claims

By Katryna Perera

STMicroelectronics has asked a New York federal judge to reconsider his earlier decision allowing an investor securities fraud suit to move forward, saying the ruling relied on statements from a former executive who now says the allegations attributed to him in the suit are false.

2 documents attached | Read full article » | Save to favorites »

Mining Co. Can't Decertify Class In Dam Collapse Suit

By Katryna Perera

A New York federal judge on Tuesday rejected Vale SA's bid to decertify a class of investors in a suit accusing the Brazilian mining giant and its executives of concealing safety problems at its Brumadinho dam in the lead-up to a deadly collapse there, finding unconvincing Vale's new expert report showing that its securities were traded in inefficient markets.

2 documents attached | Read full article » | Save to favorites »

Iowa Defends 5th Circ. Appeal Of Schwab Antitrust Settlement

By Sydney Price

Iowa's attorney general told the Fifth Circuit that its appeal of a Texas federal judge's final approval of a settlement ending an antitrust class action over The Charles Schwab Corp.'s merger with TD Ameritrade is proper, arguing the state's duty to protect consumers allows it to challenge the deal.

Response attached | Read full article » | Save to favorites »

CVS Can't 'Relitigate' Price-Gouging Class Cert.

By Bryan Koenig

A Rhode Island federal judge refused to narrow the certified classes of health plans alleging CVS schemed with pharmacy benefit managers to overcharge insured health plans for generic drugs, finding that PBM Express Scripts' refusal to produce its contracts changes nothing about how the classes will be assessed.

Order attached | Read full article » | Save to favorites »

Uber Says $8.5M Bellwether Sex Assault Verdict Can't Stand

By Y. Peter Kang

Uber has urged a California federal judge to wipe out an $8.5 million bellwether verdict putting it on the hook for a Phoenix driver's alleged sexual assault of a passenger, arguing that Arizona law bars a finding that the company can be liable for an ostensible employee's actions.

Motion attached | Read full article » | Save to favorites »

J&J Opposes Beasley Allen Reinstatement Bid In NJ Talc Fight

By Emily Sawicki

Johnson & Johnson is urging the New Jersey Supreme Court to not take the "extraordinary step" of intervening in an appellate panel ruling that disqualified Beasley Allen from representing hundreds of women in product liability litigation against the pharmaceutical giant after the Georgia-based firm "knowingly collaborated" with a former Johnson & Johnson outside counsel.

1 document attached | Read full article » | Save to favorites »

Calif. Woman Sues Pet Food Co. Over Synthetic Preservatives

By Mike Curley

A San Diego woman is suing the makers of Instinct Pet Foods in California federal court, alleging its products are falsely advertised as having no artificial preservatives because they contain synthetic citric acid and tocopherols.

Complaint attached | Read full article » | Save to favorites »

Grill Co. Failed To Warn Of Brush Risk, Class Action Says

By Zak Kostro

Grill maker Weber failed to warn U.S. consumers that metal bristles could detach from its grill brushes and cause internal injuries, according to a proposed class action in Illinois federal court that follows a recall of more than 3 million brushes.

Complaint attached | Read full article » | Save to favorites »

C-SPAN Shakes Suit Over Video Data Sharing With Facebook

By Allison Grande

A D.C. federal judge tossed a proposed class action accusing C-SPAN of illegally collecting and sharing information about website visitors' video-viewing habits, finding that the plaintiffs had neither proven they were "consumers" protected by federal video privacy law nor that their "personally identifiable information" had been divulged. 

Opinion attached | Read full article » | Save to favorites »

Fla. Asks 11th Circ. To Send Snap Suit Back To State Court

By Carolina Bolado

Florida urged an Eleventh Circuit panel Tuesday to send the state's enforcement action against social media company Snap Inc. for violations of restrictions for children back to state court, arguing Snap is trying to leverage advertisements it runs for federal agencies into status as a federal officer.

Read full article » | Save to favorites »

Instagram's Advertisers Influence Safety Focus, Head Testifies

By Cara Salvatore

Instagram's head took the stand in New Mexico on Tuesday in Meta's defense case against the state attorney general's claims that its social media platforms harm mental health, telling a jury that one of the biggest economic reasons for the company's safety focus is pressure exerted by its advertisers.

Read full article » | Save to favorites »

Social Media Jury Told Of Plaintiff's 'Embarrassing Sexual Act'

By Craig Clough

A psychiatrist who assessed a bellwether plaintiff alleging a harmful addiction to Instagram and YouTube told a California jury Tuesday that the plaintiff's turbulent home life, genetic factors and even an alleged "embarrassing sexual act" that got her suspended from school supports a conclusion the plaintiff does not have a social media addiction.

Read full article » | Save to favorites »

Sanofi Says Judge Botched Insulin Device Patent Listings

By Bryan Koenig

Sanofi-Aventis sparred with drug wholesalers over a Massachusetts federal magistrate judge's pronouncements that the parties should go to trial on claims the pharmaceutical giant used improper insulin device patent listings to anticompetitively protect the blockbuster Lantus insulin pen from competition.

3 documents attached | Read full article » | Save to favorites »

UnitedHealth Must Reveal Nitty-Gritty In Claim Denial AI Case

By Hannah Albarazi

A Minnesota federal judge has ordered UnitedHealth Group to hand over discovery on the secretive algorithm it uses to manage Medicare Advantage claims, ruling Monday that the insurer must disclose internal records detailing whether the technology was designed to override the clinical judgment of doctors.

Order attached | Read full article » | Save to favorites »

4th Circ. Backs W.Va.'s Trans Care Coverage Exclusion

By Grace Elletson

The Fourth Circuit said Tuesday that West Virginia's Medicaid coverage exclusion for gender-affirming care passes constitutional muster and does not discriminate based on sex, basing its conclusion on a U.S. Supreme Court ruling that upheld Tennessee's ban on gender-affirming care for minors.

Opinion attached | Read full article » | Save to favorites »

Insurers Can't Resume Investor Fight In $220M Coverage Row

By Emily Lever

A Texas appellate court Tuesday rejected two insurance companies' bid to stop a group of shareholders of now-bankrupt Cobalt International Energy from pursuing claims on behalf of thousands of other investors, stymieing the carriers' attempts to curtail a fight over coverage of a $220 million securities settlement.

2 documents attached | Read full article » | Save to favorites »

Former Conn. Prosecutor Can Stay On Generic-Drug Case

By Matthew Santoni

Connecticut's former assistant attorney general can continue to represent insurers Humana and Molina Healthcare Inc. in multidistrict litigation over alleged price-fixing of generic drugs, after the Pennsylvania federal judge overseeing the case agreed Monday with a report that the attorney has no information that had not already been shared.

Order attached | Read full article » | Save to favorites »

Calif. Judge Says EFTA Doesn't Cover Wires In Discover Suit

By Sydney Price

Discover Bank has escaped a proposed class action accusing it of failing to reimburse consumers for wire fraud, ruling that a key federal payments law does not make Discover liable for the fraudulent $110,000 transfer made from the plaintiff's account.

Order attached | Read full article » | Save to favorites »

Mortgage Biz Mr. Cooper Can Fight User Data Claims In Texas

By Emilie Ruscoe

Mortgage servicer Mr. Cooper can fight claims over its customer data use practices in its preferred federal district court in Texas, a California federal judge has ruled, finding its website gives "reasonably conspicuous" notice of its terms of use that include a forum selection clause.

Order attached | Read full article » | Save to favorites »

Judge Says No Imminent Harm From Alleged ICE Racial Stops

By Britain Eakin

A Minnesota federal judge ruled that Minneapolis-area residents who claim immigration officers unlawfully stopped and arrested them based on racial profiling aren't entitled to a preliminary injunction, but nonetheless showed that the federal government was likely involved in unlawful conduct.

Order attached | Read full article » | Save to favorites »

Somali Immigrants Sue To Block End Of Protected Status

By Elaine Briseño

The U.S. Department of Homeland Security is facing another lawsuit over terminating a temporary protected status designation, with nonprofit groups and Somali individuals alleging the government's decision was rooted in racial animus.

Complaint attached | Read full article » | Save to favorites »

ACLU Says 90 Alien Enemies Act Deportees Still Want Relief

By Britain Eakin

Attorneys for a class of Venezuelans deported last March under the Alien Enemies Act said all but one of the 91 deportees they've contacted so far want to proceed with a challenge to their designation as members of Tren de Aragua.

2 documents attached | Read full article » | Save to favorites »

Share Repurchases Leave Cos. Susceptible To Litigation

Because share repurchases bring greater ownership, which typically brings greater voting power, they can have serious implications for corporate control, which can raise questions about the unpaid benefits to some shareholders and lead to securities class actions, says Amit Bubna at Bates White.

Read full article » | Save to favorites »

H-1B Registration Tips For New Wage-Weighted Selection

Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under the new wage-weighted selection process that replaced the random lottery, the crucial first step is choosing the correct standard occupational classification, says Jimmy Lai at Lai & Turner.

Read full article » | Save to favorites »

Military Attys In DOJ 'Erodes Democratic Norms,' Ex-JAGs Say

By Lauren Berg

Nearly a dozen former military lawyers raised the alarm about the Trump administration appointing judge advocate officers to U.S. attorneys' offices, urging a Minnesota federal judge Tuesday to bar an Army lawyer from prosecuting a case that accuses a civilian of assaulting federal immigration enforcement agents.

4 documents attached | Read full article » | Save to favorites »

DOJ Official Faces Ethics Case Over Georgetown DEI Letters

By Alison Knezevich

U.S. Pardon Attorney Ed Martin has been hit with disciplinary charges in the nation's capital over threatening letters he sent to Georgetown University Law Center last year while he was interim U.S. attorney for Washington, D.C.

Complaint attached | Read full article » | Save to favorites »

Dems Confront Roberts At Wide-Ranging Judiciary Gathering

By Jeff Overley

The federal judiciary's top administrator voiced "serious and urgent concerns" Tuesday regarding threats of retribution against judges, a warning that coincided with a judicial gathering where Democrats discussed security fears and controversial U.S. Supreme Court rulings.

2 documents attached | Read full article » | Save to favorites »

Prosecutor Resigns, Judge Shows Slide Deck On AI Errors

By Abigail Harrison

A federal prosecutor told a North Carolina federal court Tuesday that he was separating from the office after admitting in open court to using artificial intelligence to help draft a response brief, what he called "the worst decision I've ever made in my 30-year career."

Order attached | Read full article » | Save to favorites »

Calif. Atty Gets Over 11 Years For Solar $1B Ponzi Scheme

By Dorothy Atkins

A California federal judge has sentenced a corporate attorney to 11 years and five months behind bars after he pled guilty to nearly two dozen charges for his role in DC Solar's $912 million Ponzi scheme, which duped major investors including Berkshire Hathaway, Progressive and SunTrust Equipment Finance & Leasing.

Read full article » | Save to favorites »

Ex-Moses & Singer Partner Admits Tax Crimes, Will Pay $2.8M

By Aaron Keller

A former Moses & Singer LLP partner admitted to practice in New York and North Carolina courts has pled guilty to three counts of failing to file personal income tax returns and will pay $2.8 million in restitution, the U.S. Attorney's Office for the District of Connecticut announced Monday.

2 documents attached | Read full article » | Save to favorites »

Judiciary Approves Supreme Court Public Defender Office

By Katie Buehler

The federal judiciary approved a new office Tuesday aimed at improving the quality of representation for indigent defendants with cases in front of the U.S. Supreme Court. 

Read full article » | Save to favorites »

Judge Fumes As Live Nation Antitrust Trial Remains In Limbo

By Stewart Bishop

The status of Live Nation Entertainment's antitrust trial and proposed settlement over federal and state government claims of anticompetitive conduct remained up in the air Tuesday amid pushback by several states, while the Manhattan federal judge overseeing the case upbraided the parties for keeping him out of the loop about negotiations.

Read full article » | Save to favorites »

DOJ Unveils Superseding Policy For Corporate Criminal Cases

By Sarah Jarvis

The U.S. Department of Justice on Tuesday released its first-ever, department-wide, corporate enforcement policy for criminal matters, outlining how it will decline to prosecute companies that voluntarily disclose misconduct, cooperate with investigators and remediate wrongdoing.

Policy attached | Read full article » | Save to favorites »

DLA Piper Can't Rep Itself At Bias Trial, Fired Atty Says

By Pete Brush

DLA Piper should not be permitted to represent itself at trial in a pregnancy discrimination case brought by a senior associate who was fired in 2022, lawyers for the plaintiff told a Manhattan federal judge.

4 documents attached | Read full article » | Save to favorites »

Judge Nixed Over MAGA Op-Ed Seeks Reinstatement

By Emily Sawicki

A retired Illinois state trial court judge pursuing First Amendment claims against the state Supreme Court after his right-wing opinion column resulted in his removal from a temporary judgeship has moved for immediate reinstatement to the Cook County Circuit Court.

2 documents attached | Read full article » | Save to favorites »

Wisconsin Judges Decline To Extend Interim US Atty's Term

By Courtney Bublé

A majority of judges in the Eastern District of Wisconsin have declined to extend the tenure of interim U.S. Attorney Brad Schimel, according to an announcement Tuesday.

Read full article » | Save to favorites »