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Class Action
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March 06, 2025
Gerber Inks Settlement In Baby Formula False Ad Suit
Gerber Products Co. has reached a deal that could end a long-running class action accusing it of falsely claiming its baby formula could reduce the risk of children developing allergies, with terms that promise parents a partial refund and class counsel as much as $11.25 million in attorney fees.
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March 06, 2025
9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case
A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."
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March 06, 2025
Kroger Can't Escape Baby Food Metal Claims
An Ohio federal judge on Wednesday allowed consumers' claims to go forward in a proposed class action against Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, saying the allegations didn't amount to a "shotgun pleading."
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March 06, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Believe it or not, there's still important litigation happening that doesn't involve President Donald Trump, and the proof exists in this month's circuit court calendars. During the remaining weeks of March, arguments will explore numerous high-profile topics, including a law firm's severe punishment for alleged misconduct in 9/11 litigation and a judicial rebuke of Trader Joe's for "an attempt to weaponize the legal system."
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March 06, 2025
Staffing Co. Forced Dynata To Increase Prices, Jury Hears
An attorney representing Dynata LLC grilled an executive for a staffing company during a trial in a Texas state court Thursday, saying the staffing company "put a gun" to Dynata's head to get it to agree to price increases.
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March 06, 2025
Atlanta Bread Supplier Wants Data Breach Suit Tossed
An Atlanta-based company that produces and distributes custom breads to national food chains and food service companies moved Wednesday to dismiss a class action lawsuit brought against it for a 2024 data breach that allegedly exposed the personal information of more than 10,000 people.
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March 06, 2025
Coinbase Investors Ask Court To Lead Direct Listing Suit
Two new contenders have filed to lead a shareholder class action over crypto exchange Coinbase's direct listing hours after its original lead plaintiff dropped out following the Ninth Circuit's dismissal of a similar case brought against Slack Technologies.
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March 06, 2025
Del. Corporate Law Rework Under Pressure At Tulane
An attorney whose firm largely represents investors and consumers told a corporate law conference in New Orleans on Thursday that the list of plaintiff-friendly rulings that would be effectively overturned by a pending corporation law bill in Delaware "will probably be just as long as the bill itself."
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March 06, 2025
E.L.F. Beauty Hit With Investor Suit After Muddy Waters Report
Cosmetics giant e.l.f. Beauty's shareholders filed a proposed class action in California federal court on Thursday, accusing the company of overstating its revenue while hiding growing inventory issues due to inadequate sales — troubles that investment research firm Muddy Waters revealed in a November report that caused share prices to plunge.
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March 06, 2025
Reuters Won't Have To Turn Over Meta AI Deal To Authors
A California federal judge has sided with Reuters News & Media Inc. that it doesn't have to turn over its multi-year licensing agreement with Meta Platforms Inc. to use its news content in Meta's AI chatbot to authors suing OpenAI Inc. for allegedly using their books to train OpenAI's large language models.
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March 06, 2025
Veterans Slam BofA's 'Recycled' Defense In Interest Cap Suit
Veterans have opposed Bank of America's bid to toss their proposed class claims accusing the financial giant of violating an interest cap law for military service members, arguing its "recycled" defenses were already rejected in a similar suit in the same North Carolina federal court.
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March 06, 2025
Ga. Attys Fight Bid To 'Hijack' $44M Realtor Settlement
Attorneys hoping to finalize a $44 million class action settlement in Georgia with four real estate brokerages urged a federal judge Thursday to reject a bid to "hijack" their litigation by the lawyers behind the series of landmark settlements with the National Association of Realtors and various brokerages over their fee inflation practices.
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March 06, 2025
The Antitrust Litigation Surrounding NAR's Industry Rules
A year and a half after a Missouri federal jury found that the National Association of Realtors inflated fees for home sellers, the Eighth Circuit is evaluating a series of settlements in wake of the decision while the Justice Department pursues its own antitrust investigation with a court's blessing.
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March 06, 2025
Attys Seek $30M Fees In Walgreens Rx Overcharge Deal
Attorneys for unions and consumers who struck a $100 million settlement of Walgreens prescription overcharge fee claims asked an Illinois federal judge for a $30 million cut of that pot, arguing the amount would pay for seven years of meaningful work they put into the case.
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March 06, 2025
Worker Seeks To Revive NY Teamsters Retirement Plan Suit
A union-represented worker is fighting a New York federal judge's conclusion that he failed to show how the caretakers of his Teamsters retirement plan mismanaged his savings, asking the Second Circuit to revive his proposed Employee Retirement Income Security Act class action.
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March 05, 2025
Indirect Chicken Buyers' $41.3M Price-Fixing Deal Gets Initial OK
An Illinois federal judge gave his initial signoff Wednesday to more than $41 million in settlements between major chicken producers and indirect chicken buyers who accused them of illegally conspiring to fix prices, calling the proposal a substantial recovery to otherwise risky litigation.
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March 05, 2025
Dynata Tells Texas Jury Failure To Indemnify Was 'Last Straw'
An executive at Dynata LLC on Wednesday told a state jury in Dallas a staffing company's refusal to indemnify it for a wage and hour suit was the "last straw," saying the staffing company had already broken the contract in a variety of ways.
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March 05, 2025
Coinbase Investor Drops Direct Listing Suit After Slack Ruling
A Coinbase investor Wednesday dropped a proposed class action accusing the cryptocurrency platform and its top brass of offering false and misleading materials that caused its stock price to plummet following the company's debut with an $86 billion valuation, after the Ninth Circuit tossed a similar case against Slack Technologies.
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March 05, 2025
Chrysler Sold Jeeps With Batteries That Catch Fire, Suit Says
Newer-model plug-in hybrid Jeep Wranglers can catch fire due to a defect in its high-voltage battery, according to a proposed class action filed in Michigan federal court that accuses Fiat Chrysler America of concealing the problems.
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March 05, 2025
Los Angeles County Sues SoCal Edison Over Eaton Fire
Los Angeles County joined the many dozens suing Southern California Edison over the devastating Eaton Fire on Wednesday, as the most populous county in the United States alleges in its lawsuit that the utility's faulty equipment caused the destructive blaze.
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March 05, 2025
Chancery Mulls Amicus Bid, TRO In Paramount Merger Battle
Backers of a $13.5 billion offer for Paramount Global asked Wednesday for clearance to chime in on a Delaware Chancery Court stockholder challenge to the company's proposed $8 billion, allegedly conflicted sale to Skydance Media, arguing that a board special committee never gave the higher bid proper consideration.
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March 05, 2025
AME Church, Plan Admin To Pay $60M To Exit Retirement Suit
The African Methodist Episcopal Church and a retirement plan manager will pay a combined $60 million to resolve claims that they failed to prevent a rogue church employee from embezzling nearly $90 million from its retirement plan, according to a filing in Tennessee federal court.
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March 05, 2025
Ex-USF Ballplayers Denied Class Cert. In Sex Harassment Suit
A group of former University of San Francisco baseball players on Wednesday lost a bid to have their lawsuit alleging that ex-coaches for the Jesuit university created a sexually abusive environment go forward as a class action.
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March 05, 2025
Parameters Set For Final NIL Deal Approval Hearing
The California federal judge overseeing the massive $2.78 billion name, image and likeness settlement between the National Collegiate Athletic Association and former and current student-athletes has released guidelines for the deal's final approval hearing in April.
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March 05, 2025
401(k) Forfeiture Suits Are Prompting Plan Changes
It remains unclear whether a California federal judge keeping alive a proposed class action that challenges the use of forfeited funds in a Clorox employee 401(k) plan means similar cases will gain traction, but experts say plans are already getting tweaked to stave off forfeiture claims.
Expert Analysis
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.