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Class Action
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March 18, 2025
Quaker Oats Beats Pesticide Suit As Judge Cites EPA Limits
An Illinois federal judge threw out a putative class action Tuesday accusing Quaker Oats Co. of misleadingly marketing its products as healthy despite the presence of pesticides, saying the chemical levels identified in the case are far below the limits set by the U.S. Environmental Protection Agency.
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March 18, 2025
'Game Changer' Or 'Non Issue'?: Panel Talks Rule 702 Change
A class action law forum panel in San Diego appeared to agree Tuesday that a recent amendment to Federal Rules of Evidence Rule 702 emphasizing the judge's gatekeeping authority in allowing expert testimony is not the "game-changer" some predicted, with one panelist going so far as to say it was "barely a clarification."
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March 18, 2025
Amazon Asks To Claw Back Docs In Consumer Antitrust Suits
Amazon has asked a Washington federal court to allow it to claw back three documents it has deemed as privileged from consumers in a trio of proposed antitrust class actions, saying that the plaintiffs are refusing to return or destroy them after quoting them in their motion for class certification.
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March 18, 2025
Emisphere, Novo Nordisk Sale Suit On Track For Settlement
Former Emisphere Technologies Inc. stockholders are set to settle stockholder litigation over the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S, a Robbins Geller Rudman & Dowd LLP attorney informed Delaware's Chancery Court on Tuesday, saying a stipulation of settlement should be in next month.
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March 18, 2025
NBA Asks High Court To Weigh In On VPPA Data Sharing Suit
The NBA has urged the U.S. Supreme Court to weigh in on a Second Circuit decision that revived a Video Privacy Protection Act suit alleging that the league shared video viewing activities of its website's visitors with Meta, arguing that the plaintiff lacked standing since the information wasn't publicly disseminated or highly personal.
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March 18, 2025
Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight
Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.
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March 18, 2025
Drugmaker's $10.5M Deal In Investor FDA Approval Suit OK'd
A California federal judge has preliminarily approved a $10.5 million settlement between oncology drug company ImmunityBio and investors who claim they were misled over the likelihood the U.S. Food and Drug Administration would approve the company's bladder cancer drug.
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March 18, 2025
High 5 Can't Undo Jury's $7M Enhanced Damages, Class Says
A class of players said that High 5 Games can't escape $7.2 million in enhanced damages for targeting gambling addicts with social casino-style mobile apps, arguing that a federal judge should not upend the plaintiffs' right to a trial by jury.
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March 18, 2025
BofA Must Face Parts of Pandemic Benefits Cards Suit
A Baltimore federal judge on Tuesday trimmed claims in a proposed class action alleging Bank of America mismanaged Maryland's unemployment benefits debit cards during the pandemic, ruling that the customer may keep claims relating to Maryland privacy laws and potential breaches of contract.
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March 18, 2025
Crypto Firms Tied To Milei-Promoted Libra Token Face NY Suit
A trio of crypto firms linked to a token known as Libra face a proposed class action accusing them of fraudulently raising $107 million from the controversial project, which was promoted by Argentine President Javier Milei prior to its collapse.
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March 18, 2025
Ga. Hospital Failed To Protect Data Of 120K, Patient Says
A former patient of a southwest Georgia hospital hit the provider with a proposed class action Monday over a data breach last year, alleging that it failed to secure 120,000 customers' personal information before it was filched in a cyberattack.
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March 18, 2025
9th Circ. Denies Bid To Halt $24M Deal In AIG Hidden Fee Case
Lower court proceedings can still continue as a class member appeals the final approval of a $24 million settlement over claims that Travel Guard Inc., AIG and certain AIG units improperly added fees in travel insurance premiums, the Ninth Circuit ruled, rejecting the class member's emergency bid for a stay.
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March 18, 2025
Trading Giant Virtu Must Face Suit Over Confidentiality Issues
A New York federal judge has trimmed a consolidated class action accusing trading giant Virtu Financial Inc. of misleading investors on issues around access to confidential customer trading information, finding that one category of statements in the complaint is not actionable but otherwise allowing the suit to proceed.
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March 18, 2025
6th Circ. Panel Torn On Reviving Chevy Cruze Emissions Suit
A Sixth Circuit panel wrestled Tuesday with whether it is precedent-bound to revive claims that General Motors misled car buyers about the emissions of Chevrolet Cruze vehicles marketed as having "clean" diesel engines.
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March 18, 2025
Vans Facility Subjected Employees To Extreme Heat, Suit Says
A former Vans sneaker distribution center in Southern California made employees work in unventilated rooms that would reach over 100 degrees, an employee who worked at the facility for 16 years has alleged in a new lawsuit filed in California state court.
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March 18, 2025
Judge Sets Deadline For DOJ Answers On Deportation Flights
U.S. Chief District Judge James Boasberg gave the Trump administration until Wednesday at noon to provide more details about deportation flights that may have violated his order halting the deportations of alleged Venezuelan gang members.
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March 18, 2025
Deere & Co. Attacks FTC's Right-To-Repair Suit As 'Vague'
Farm machinery manufacturer Deere & Co. is asking an Illinois federal court to nix the Federal Trade Commission's right-to-repair suit, arguing that the company doesn't operate in or exclude others from the equipment repair market, and that the FTC lacks the constitutional authority to sue, among other failings.
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March 18, 2025
Citi, HSBC Ink $12M Deal To End UK Bond Price-Fixing Suit
A New York federal judge gave his preliminary blessing Monday to a $12 million settlement between investors and major financial institutions, including Citigroup and HSBC Bank, in a proposed antitrust class action accusing the banks' traders of colluding to fix the prices of U.K. government bonds through digital communications.
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March 18, 2025
Fanatics, Sports Leagues Accused Of Trading Card Monopoly
A Texas man has filed a proposed class action against Fanatics, the NBA, the NFL and MLB, alleging that they have conspired to monopolize the market for player trading cards by executing long-term, exclusive licensing contracts and then using market dominance to stifle competition.
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March 18, 2025
Split 7th Circ. Says Texts For Free Services Don't Violate TCPA
A divided Seventh Circuit panel on Monday refused to revive a putative Telephone Consumer Protection Act class action over a company's texts and calls offering free nutritional services through the lead plaintiff's state and Medicaid funded healthcare plan, finding the messages weren't telephone solicitations because he wasn't being encouraged to purchase anything.
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March 18, 2025
Tennis Governing Bodies Are A 'Cartel,' Players Claim In Suit
Twelve current and former tennis professionals filed a proposed antitrust class action in New York federal court on Tuesday, accusing the sport's governing bodies of operating as a "cartel" that manipulates pay and rankings, forces unsafe playing conditions, and exposes players to unfair investigations and discipline.
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March 18, 2025
Elevance Inks $3.3M Deal To End Surgery Claim Denial Suit
Elevance has agreed to pay $3.3 million to close a suit claiming it denied coverage for a spinal surgery through employee health plans after incorrectly deeming the procedure medically unnecessary, according to a Kentucky federal court filing.
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March 18, 2025
Amazon Denied Quick Appeal For E-Book Antitrust Claims
A New York federal court denied Amazon's request to immediately appeal a district court's refusal to toss a proposed class action accusing it of monopolizing the e-book market, saying the e-commerce giant just disagrees with the decision.
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March 18, 2025
Bancorp Downplayed CRE Bridge Loan Risks, Investor Claims
An investor in The Bancorp Inc. is accusing the financial holding company in Delaware federal court of causing stock value to decline by misleading investors, including by not fully disclosing how its commercial real estate bridge loans were in danger of defaulting.
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March 18, 2025
BetterHelp Demands Insurer Assist In $7.8M FTC Payment
Online counseling company BetterHelp told a California federal court that its insurer must cover a $7.8 million Federal Trade Commission payment and must defend it in underlying litigation brought by consumers who claim the company violated laws via its collection, use and disclosure of private health information.
Editor's Picks
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NFL Seeks To End Race-Based Concussion Tests After Outcry
The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.
Expert Analysis
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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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.