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Class Action
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March 10, 2025
Kyocera AVX Defeats Suit Over 2023 Data Breach
A South Carolina federal judge has freed Kyocera AVX from a proposed class action that accused the electronic components manufacturer of failing to protect more than 39,000 employees' sensitive personal information in a 2023 cyber attack, saying former employees failed to allege a substantial risk of fraud or identity theft.
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March 10, 2025
Binance, Ex-CEO Urge Arbitration Of Crypto Investor Suit
Binance and its former CEO Changpeng Zhao asked a Florida federal judge to send a suit launched by a proposed class of investors to arbitration, arguing the suit's amended claims fall under the parties' arbitration agreement, and the investors cannot try to avoid arbitration by dropping one of the defendants.
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March 10, 2025
Meta Can't Ditch Authors' Copyright Claim In AI Tool Fight
A California federal judge has refused to throw out group of authors' claim that Meta Platforms Inc. violated the Digital Millennium Copyright Act claim with its large language model product, ruling that they've adequately alleged that Meta intentionally removed copyright notice information to conceal infringement.
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March 10, 2025
Fifth Third Borrowers Win $3.6M Atty Fee Despite Trial Finish
An Ohio federal judge awarded $3.6 million in attorney fees and costs to a class of Fifth Third Bank borrowers who convinced the court the bank violated the Truth in Lending Act with its Early Access loan program, but lost other claims at trial two years ago.
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March 10, 2025
Tech Co. Beats Shareholder Suit Over Phony Amazon Reviews
A New York federal judge dismissed a securities class action against Chinese software company Tuya Inc., ruling that the registration statement for Tuya's initial public offering was not misleading for failing to disclose that some of its merchant customers procured fake reviews on Amazon.
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March 10, 2025
All Agencies Trump Ordered To Drop DEI Must Heed Injunction
A preliminary injunction blocking President Donald Trump's executive orders axing diversity, equity and inclusion-related work applies equally to all executive agencies given directives to purge the programming, a Maryland federal judge said Monday.
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March 10, 2025
DOJ Wants In On Invisalign Monopoly Arguments At 9th Circ.
The U.S. Department of Justice wants to be there when orthodontists and consumers who purchased clear teeth aligners face off with the company behind Invisalign at the Ninth Circuit next month, so it can tell the appellate judges where the lower court went wrong in killing their monopoly suits.
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March 10, 2025
Truckers Win Conditional Class Treatment For Wage Dispute
An Illinois federal judge said he would give conditional class treatment to truck drivers who say Forsage Logistics Inc. and its owner illegally misclassified them as independent drivers and failed to pay them all wages they're owed.
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March 10, 2025
Morton Buildings Will Pay $4 Million To End ESOP Fight
Morton Buildings Inc. has agreed to shell out $4 million to end a proposed class action in Illinois federal court alleging the company's directors and Argent Trust Co. sold private stock to Morton workers' employee stock ownership plan at an inflated price.
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March 10, 2025
Kia Hit With Pa. Class Claims Over Engine Defects In 2 Models
Kia has been hit with a proposed class action in Pennsylvania federal court alleging that the automaker's recall for more than 137,000 Kia Soul and Seltos models from between 2021 and 2023 didn't go far enough to remedy damages felt by vehicle owners over engine issues.
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March 10, 2025
Tribal Casino Says Sovereign Immunity Sinks 401(k) Fee Suit
A tribal hospitality and casino company said it shouldn't face a proposed class action alleging its 401(k) plan was bogged down by exorbitant costs and underperforming investment options, telling a New York federal court it's immune from the case as an arm of the Oneida Indian Nation.
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March 10, 2025
Amazon Worker Can't Seal Military Leave Settlement
A worker who settled his suit accusing Amazon of not promoting him because of his military service can't file the deal under seal, according to a Washington federal judge's Monday ruling — which also said the agreement doesn't need to hit the docket.
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March 10, 2025
Hagens Berman Comms With Ghosting Client Kept Privileged
Hagens Berman Sobol Shapiro LLP doesn't have to turn over texts and emails with a client who disappeared from a putative class action against Apple and Amazon, a Washington federal judge has ruled, despite the tech giants' accusations that the firm lied about those communications.
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March 10, 2025
Colo. Justices To Weigh Attys' Duties When Borrowing Claims
Colorado justices will consider if and when attorneys can borrow claims from other lawsuits and still satisfy their personal duty to conduct a "reasonable inquiry" under professional rules, according to an order on Monday agreeing to hear a telecommunications company's challenge to a stockholder suit.
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March 10, 2025
Amazon Workers Want Partial Win In COVID Screenings Suit
A class of Amazon employees urged a Pennsylvania federal court to partially grant them a win in their suit accusing the e-commerce giant of forcing workers to undergo unpaid COVID-19 screenings, saying the state's high court has already ruled that this time is compensable.
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March 10, 2025
Car Parts Co., Ex-Worker Settle Tobacco Surcharge Suit
An Illinois-based car parts manufacturer will pay $299,000 to resolve claims that it unlawfully required tobacco users in its health plan to pay a $100 monthly fee without making clear they could avoid the charge by enrolling in a cessation program, according to federal court filings.
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March 10, 2025
Comerica Sued Over Interest Earned On Gov't Benefits Cards
Comerica Bank was hit with a proposed class action Friday claiming that the bank is not entitled to keep interest it earns on Social Security and other federal benefits Comerica distributes through government benefits cards.
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March 07, 2025
9th Circ. Open To Reviving Monsanto Expiration Label Fight
A Ninth Circuit panel appeared open Friday to reviving a proposed class action over expiration dates on Monsanto's Roundup pesticides, but two judges were skeptical of claims against a distributor, which the distributor's counsel argued could open the floodgates of litigation.
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March 07, 2025
Orlando Health Can't Duck Suit Over Sharing Of Patients' Data
A Florida federal judge has refused to release Orlando Health Inc. from a proposed class action accusing it of unlawfully sharing patients' private information with Meta Platforms and Google through ad tracking software, allowing several wiretap and contract claims to proceed while axing a single invasion of privacy allegation.
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March 07, 2025
Musk To Give Deposition In Twitter Shareholder Suit
Elon Musk has agreed to sit for a deposition in early April in a proposed shareholder class action accusing him of fraudulently claiming Twitter had a bot problem to get out of his $44 billion acquisition of the site, his attorneys said Friday.
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March 07, 2025
PepsiCo Again Gets Gatorade 'Health Halo' Suit Trimmed
PepsiCo hasn't been able to fully shake a lawsuit brought by consumers who accuse the company of overhyping the health benefits of its Gatorade-branded protein bars, with a California federal judge knocking out a couple of avenues of relief sought by the buyers but allowing them to proceed with claims of deception.
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March 07, 2025
US Bank Loses Renewed Bid To Arbitrate Deposit Box Dispute
A California federal judge denied U.S. Bancorp's renewed motion to compel arbitration in a suit alleging the bank unlawfully drilled into some of its customers' safe deposit boxes without consent, after the Ninth Circuit vacated the court's prior order compelling arbitration, finding the bank failed to prove the arbitration clause was properly incorporated into customer contracts.
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March 07, 2025
New Bellwethers Score Cert. In Generic Drug Price-Fixing MDL
The Pennsylvania federal court overseeing sprawling multidistrict litigation springing from claims that pharmaceutical giants worked together to hike the cost of off-brand drugs has certified several sets of classes for the cases for the MDL's latest bellwethers.
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March 07, 2025
Cloud Network Co. Brass Face Suit Over Lockdown-Era Glut
Officers and directors of cloud-based computer networking equipment maker Extreme Networks Inc. face shareholder derivative claims that they hurt investors by concealing how a glut of COVID-19 lockdown-era customer orders cast a yearslong shadow on its revenue.
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March 07, 2025
Judge OKs Atlanta Strip Club's Wage Theft Settlement
A Georgia federal judge signed off Thursday on a $119,000 deal to end a suit between an Atlanta strip club and a former server who said the club stole her wages through an allegedly unlawful tip pooling scheme.
Expert Analysis
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Justices Could Stitch Up ERISA Circuit Split With Cornell Case
In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.