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Class Action
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April 09, 2025
Native Company Escapes Deodorant False Ad Claims
A proposed class action accusing the trendy Native deodorant, a Procter & Gamble brand, of overhyping its spray quality was dismissed on Wednesday, with a New York federal judge saying reasonable consumers do not think the company's "72-hour odor protection" promise means they'll get three stink-free days.
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April 09, 2025
CrowdStrike Says Outage 'Unfortunate,' Not Securities Fraud
CrowdStrike Holdings Inc. has urged a Texas federal judge to toss a shareholder suit accusing it of mischaracterizing the measures it was taking to prevent a system crash, which caused its stock price to plummet after the platform experienced a massive outage last year, saying the outage was "unfortunate ... but it did not reveal any securities fraud."
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April 09, 2025
Judge Lets NIL Fraud Suit Against UF Boosters Move Forward
A Florida federal judge on Tuesday declined to dismiss the lawsuit of college quarterback Jaden Rashada, who accused University of Florida boosters of luring him with fraudulent promises that cost him a deal with another school, saying his claims of fraud and negligence are detailed enough to proceed.
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April 09, 2025
Seattle Hospital Agrees To Pay $16M To End Meal Break Suit
Seattle Children's Hospital has agreed to pay $16 million to settle a proposed class action brought by hospital workers who say they were denied required meal breaks in violation of Washington wage and hour laws.
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April 09, 2025
Mortgage Co. Can't Toss 401(k) Mismanagement Suit
A North Carolina federal judge refused to toss a proposed class action against Republic Mortgage Insurance Co. from an ex-worker who alleged his 401(k) plan was mismanaged, finding allegations were backed up with enough evidence to proceed to discovery.
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April 09, 2025
Holders Of Section 8 Vouchers Sue Housing Agency Over Rent
A proposed class of people who receive Section 8 vouchers from the New York City Housing Authority are accusing the agency of unlawfully allowing certain landlords to raise their rents so high that their tenants risk being evicted.
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April 09, 2025
GameStop Customer Wants 'Boring' Browsing To Stay Private
GameStop Inc.'s use of third-party software to record customers' online browsing violates Pennsylvania's wiretap law, even if the data collected isn't sensitive or traceable to a particular person, a proposed class representative told the Third Circuit during an oral argument Wednesday.
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April 09, 2025
Colo. Landlord Urges Ax Of Neglect, Junk Fee Class Action
A multifamily landlord urged a Colorado federal court to dismiss proposed class action claims alleging it allowed maintenance and safety violations to pile up and charged residents surprise junk fees, alleging differences between tenants doom a class action approach.
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April 09, 2025
Texas, NY Judges Halt Trump's Removals Under Wartime Law
Federal judges in Texas and New York barred the Trump administration on Wednesday from deporting alleged Venezuelan gang members under the 1798 Alien Enemies Act, after the U.S. Supreme Court said such individuals are entitled to judicial review.
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April 09, 2025
Mortgage Lender Misclassifies Underwriters, Worker Says
A mortgage lender unlawfully classifies underwriters as exempt from earning overtime pay despite their job duties not falling under the requirements to warrant exemption, according to a proposed class and collective action filed in Georgia federal court.
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April 08, 2025
Jazz Agrees To Pay $145M To Settle Xyrem Antitrust Fight
Jazz Pharmaceuticals has agreed to pay $145 million to resolve antitrust litigation accusing it of working with its rival Hikma Pharmaceuticals to stave off generic competitors to Jazz's narcolepsy drug Xyrem, the Ireland-based pharmaceutical company revealed Tuesday.
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April 08, 2025
'There Is No Duty To The World,' Hyundai Tells 9th Circ.
Hyundai urged the Ninth Circuit on Tuesday to toss negligence claims from cities in consolidated litigation alleging the automaker and its Kia subsidiary sold vehicles with design flaws that spawned car thefts prompted by a social media challenge, saying the cities are trying to impose on manufacturers "a duty to the world."
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April 08, 2025
Google Accused Of Secretly Harvesting Student School Data
A group of parents hit Google LLC with a proposed class action in California federal court Monday, accusing the tech giant of using its K-12 education products to secretly harvest "massive" amounts of information on tens of millions of school age children without consent from students or their parents.
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April 08, 2025
TelexFree Investors Can't Sue Wells Fargo, Others As Class
A Massachusetts federal judge on Tuesday refused to grant class certification in a suit from investors claiming they lost money in the massive TelexFree Ponzi scheme, siding with a handful of defendants remaining in the multidistrict litigation.
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April 08, 2025
Four Robinhood Users Must Arbitrate Meme Stock Claims
A Florida federal judge overseeing the multidistrict litigation over Robinhood's decision to freeze trading in certain so-called meme stocks ordered four remaining plaintiffs in the case to arbitrate their claims, writing in an order that there's no dispute a valid arbitration agreement exists.
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April 08, 2025
ACLU Sues To Block Deportation Of Venezuelan Nationals
The American Civil Liberties Union filed an emergency lawsuit on Tuesday in Manhattan federal court seeking to halt the deportation of Venezuelan nationals under the Alien Enemies Act, after the Supreme Court ruled the Trump administration can proceed with doing so.
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April 08, 2025
FCA Seeks Sanctions For Driver Who Got Rid Of His Vehicle
Fiat Chrysler Automobiles says a proposed class action over allegedly defective door panels in older model Dodge Chargers and Chrysler 300s should be ended, partly because the alleged defect isn't covered by a warranty and additionally because one of the drivers got rid of his car before the automaker could inspect it.
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April 08, 2025
Expert And 'Worthlessness Theory' Ejected In Valsartan MDL
Patients and insurers who claim they were ripped off when purchasing the contaminated blood pressure medication Valsartan won't be able to argue that the drug was worthless as a matter of law, a New Jersey federal judge overseeing the multidistrict litigation has ruled, casting doubt that the plaintiffs will secure a full refund for their purchase.
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April 08, 2025
2nd Circ. Hints Healthcare Co. Is Bound To $1.3M OT Deal
A Connecticut company could be bound by a plan to settle class action overtime wage claims for $1.34 million despite attempting to back out of an unsigned settlement agreement and hiring new counsel several months later, a Second Circuit panel hinted on Tuesday.
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April 08, 2025
Small But Sharp Hurdles Remain To NCAA's NIL Settlement
Nearly a year after the NCAA and hundreds of thousands of athletes agreed on a settlement that would finally give athletes a share of billions of dollars in revenue, enough flaws remain in the agreement — related to roster limits and the rights of future athletes entering the new system — to indefinitely hold off on its final approval.
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April 08, 2025
Bigelow Tea Buyer Class Wins $2.36M In Trial Over 'USA' Label
A California federal jury found Tuesday that R.C. Bigelow committed fraud and violated the state's Consumer Legal Remedies Act by placing a label on some tea products touting it as "Manufactured in the USA 100%," awarding a class of Golden State tea buyers $2.36 million in damages.
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April 08, 2025
DHS Accused Of Illegally Scrapping Foreign Student Records
Three anonymous current and former international students in the U.S. on F-1 visas are suing the U.S. Department of Homeland Security, alleging the agency terminated hundreds of student and exchange visitor information system records, effectively stripping them of their ability to remain in the country without due process.
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April 08, 2025
Pepsi, Frito-Lay Fight Pricing Claims From Stores
Pepsi and Frito-Lay have asked to toss a case accusing them of illegally charging Walmart, Target and other chain stores less for chips than smaller retailers, saying the stores bringing the case fail to make a direct comparison of sales to the different outlets.
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April 08, 2025
Porsche Seeks Toss Of Taycan EV Defect Suit
Porsche Cars NA Inc. has asked a federal court to dismiss nearly all claims brought against it in a proposed class action alleging the carmaker failed to disclose or adequately repair a defect in its Taycan electric vehicles for the model years 2020-2024.
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April 08, 2025
Students Urge Speedy Discovery In Ex-Coach Hacking Suit
As cases against the University of Michigan and a former assistant football coach over the alleged hacking of personal information and downloading of intimate photos move to one judge's docket, students in the first-launched lawsuit are seeking to speed up discovery so they can learn of their potential exposure from the breach.
Expert Analysis
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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Implications Of Kid Privacy Rule Revamp For Parents, Cos.
The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.