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Class Action
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March 27, 2025
Upstart Investors Land Class Cert. In Insider Selling Suit
Shareholders who allege that tech-based lender Upstart and its executives participated in a $2.7 billion insider stock selling scheme can now proceed with their claims as a class, an Ohio federal judge determined on Thursday.
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March 27, 2025
9th Circ. Revives Monsanto Roundup Expiration Label Fight
Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.
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March 27, 2025
Shade Store Customers Seek Class Cert. In Deceptive Ad Suit
A pair of Washington residents are seeking to certify a class of thousands of consumers in a case alleging The Shade Store violated Washington's consumer protection law with fake buy-now ads.
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March 27, 2025
Alibaba Investors' Attys Awarded $108M In IPO Settlement
A New York federal judge on Thursday granted final approval to Alibaba Group's $433.5 million settlement with investors suing the company over alleged misstatements about its exclusivity practices and its planned initial public offering of a fintech affiliate, awarding the investors' attorneys 25%, or roughly $108 million.
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March 27, 2025
Umpqua Bank Strikes Deal With Investors In $300M Ponzi Suit
Umpqua Bank and a class of investors on Thursday informed a California federal judge they've reached a settlement to resolve claims the bank helped execute an alleged $300 million Ponzi scheme led by a since-deceased real estate investment manager.
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March 27, 2025
School Bus Contractor Stiffed Workers On OT, Suit Says
A provider of school bus services did not pay its drivers their full overtime wages, failed to include nondiscretionary bonuses in their regular rates of pay and did not pay for the time they spent traveling to and from required meetings, a proposed collective action complaint filed in Ohio federal court has alleged.
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March 27, 2025
Standing Emerges As Key Front In ERISA Health Fee Battles
The recent dismissal of a suit brought by former Wells Fargo workers who claimed high prescription drug costs violated federal benefits law shows the ability to establish standing emerging as a key stumbling block for Employee Retirement Income Security Act suits alleging excessive health fees, experts say.
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March 27, 2025
Target Settles Antitrust Claims Against Visa Over Swipe Fees
Target Corp. and Visa have settled a yearslong antitrust dispute accusing the card company of being part of an illegal anticompetitive scheme that forced merchants to pay excessive fees when customers pay with credit or debit cards, according to a stipulation filed Thursday in New York federal court.
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March 27, 2025
Ga. Firm Sues Allstate Over Wrecked Car Fee Coverage
A Georgia law firm hit Allstate Insurance Co. with a proposed class action over allegations that it fails to pay title transfer fees and license registration fees to insureds who incur total loss claims.
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March 27, 2025
New Del. Claims Filed In Jenzabar Stock Warrant Battle
Investors in a fund focused on higher education software company Jenzabar Inc., a company mired in years-old Delaware Court of Chancery battles over stock warrants dating to 2004, have filed an expanded, nine-count suit accusing the company and key officials of looting the fund and wrongly terminating their interests.
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March 27, 2025
Coverage Row Over OpenText Merger Now Moot, Judge Says
A Michigan federal court tossed on Thursday an insurer's lawsuit seeking a declaration that it had no duty to indemnify a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, finding the dispute is now moot because the insurer's coverage limit has already been exhausted.
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March 27, 2025
UPS, Workers To Take Military Leave Suit To Mediation
United Parcel Service and a class of employees alerted a Washington federal court that they intend to mediate the workers' lawsuit accusing the company of failing to pay drivers on short-term military leave while paying those who take time off for jury duty and other short-term absences.
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March 27, 2025
Feds Allowed To Weigh In On MultiPlan Pricing MDL
The federal government will be allowed to appear in multidistrict antitrust litigation targeting MultiPlan's out-of-network reimbursement rates to offer input on the legal framework for analyzing claims involving the joint use of algorithms, a practice it says poses "a growing threat" to free market competition.
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March 27, 2025
Costco Settles Listeria-Contaminated Chicken Wrap Claims
Costco Wholesale Corp. has settled a putative class action brought by a Florida man who claimed he ate a chicken wrap contaminated with listeria from one of its stores and had to be hospitalized.
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March 27, 2025
UMich Athletes Launch Second Suit Over Ex-Coach's Hacking
Two former University of Michigan student-athletes have launched a class action against former offensive coordinator Matthew Weiss and the university over the ex-coach's alleged illegal access to and downloading of thousands of student-athletes' private information, the second lawsuit in recent weeks.
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March 27, 2025
3rd Circ. Says Pension Law OKs Suits To Enforce Settlements
A Teamsters pension fund can go after a bankrupt dairy business's affiliates for the $39 million that the business owes the fund under the terms of a settlement, the Third Circuit ruled Thursday, saying the fund has a viable cause of action under the Multiemployer Pension Plan Amendments Act.
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March 27, 2025
Pa. Court Voids Theme Park's 'Click-Through' Contract
A Pittsburgh-area amusement park's online season tickets came with a "click-through" agreement to resolve disputes out of court that Pennsylvania appellate courts have said is not binding without including a clear warning, which a judge said justified not sending a proposed class action to arbitration.
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March 27, 2025
Payroll Co. Hid IRS Interest Money From Clients, Court Told
A payroll provider for a maintenance company never passed along interest payments from the Internal Revenue Service related to its clients' pandemic-era relief claims, the company alleged in a proposed class action filed in Washington federal court.
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March 27, 2025
EMS Co. Accused Of Failing To Pay Proper Overtime
A private ambulance company has been hit with a proposed class action in Georgia federal court over allegations that it failed to pay workers overtime wages as required by the Fair Labor Standards Act.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
7 Firms Compete To Lead Novo Nordisk Securities Suit
Levi & Korsinsky LLP, Pomerantz LLP and the Rosen Law Firm PA are among seven law firms vying to lead proposed class claims accusing Novo Nordisk A/S of misleading investors about a clinical trial for an obesity drug.
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March 26, 2025
Pepperidge Farm Can't Outswim Goldfish False Ad Suit
Pepperidge Farm can't escape a proposed class action alleging it falsely labels its Goldfish crackers as containing no artificial flavors or preservatives, despite citric acid being part of the ingredients list, after a New York federal judge said Wednesday the plaintiff demonstrated the statement could be deceptive to reasonable consumers.
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March 26, 2025
Split DC Circ. Affirms Block On Removals Under Wartime Law
A divided D.C. Circuit panel on Wednesday rejected the Trump administration's attempt to dissolve trial court orders blocking the deportations of Venezuelan nationals to El Salvador under the 1798 Alien Enemies Act.
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March 26, 2025
No Grounds To Block Third Country Deportations, DOJ Argues
The Trump administration told a Massachusetts federal judge that an attempt to block efforts to deport noncitizens to countries with which they have no relationship interferes with its lawful execution of removal orders.
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March 26, 2025
Apple Cites Amazon Ruling To Toss Web App Antitrust Suit
Apple is hoping the Ninth Circuit will allow it to wash its hands of a proposed antitrust class action accusing it of preventing iPhones from running web-based apps for the same reason the court just refused to revive a consumer antitrust action over Amazon's fulfillment service, according to a recent filing.
Expert Analysis
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Nvidia Case's Potential Impact On Securities Class Actions
In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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Short-Seller Implications Of 10th Circ.'s Overstock Decision
The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.