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Class Action
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November 18, 2024
FCA Says Court Shouldn't Reverse Utah Class Cert. Denial
FCA US LLC is pushing back against a Utah driver's bid for reconsideration of a Michigan federal judge's denial of class certification in litigation alleging that the automaker sold vehicles with a defective electronic gearshift, saying he can't make new arguments on reconsideration that he didn't make in prior briefs.
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November 18, 2024
Walgreens, Grocer Accused Of Flouting Lie Detector Law
Walgreens and New England supermarket chain Shaw's are violating a Massachusetts law requiring that job applicants be advised that the state does not allow the use of lie detector tests in employment decisions, a pair of proposed class actions filed Monday allege.
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November 18, 2024
'Sub-Par' Work By Data Breach Class Attys Earns Lower Fee
A Connecticut federal judge awarded $340,000 on Monday to class counsel in a data breach lawsuit against Merritt Healthcare Advisors but criticized their request for $381,250 as out of line with reasonable rates and said some of their work in the case was "sub-par."
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November 18, 2024
Ex-Utility Co. Worker Says OT Violations Were 'No Secret'
A former employee of North Carolina-based utility services company Stake Center Locating LLC asked an Illinois federal judge to certify his proposed class of workers that were allegedly not paid proper overtime, stating that "it's no secret SCL uniformly requires its locators to work off the clock."
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November 18, 2024
Wendy's To Pay $4M To Settle Colo. Wage Claims
Wendy's agreed to shell out $4 million to settle a class action claiming the fast food chain failed to guarantee workers meal and rest breaks, a former employee said, asking a Colorado federal court to sign off on the deal.
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November 15, 2024
Evian Wins Ax Of False Ad Suit As NY Judge Reverses Self
A New York federal judge tossed, for now, a putative class action alleging Danone Waters of America deceptively labeled its Evian water bottles as "carbon-neutral," reversing his earlier decision that the representation could be misleading and ruling Thursday that Danone's website provided further explanation of what the term meant.
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November 15, 2024
Social Media Cos. Must Face Schools' Public Nuisance Claims
Meta Platforms and other social media giants must face most of the public nuisance claims brought by school districts and local government entities in multidistrict litigation alleging the companies designed their platforms to addict children, a California federal judge ruled Friday.
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November 15, 2024
HHS Likely To Limit Migrant Data After Flores Deal Ends
A California federal judge indicated Friday that she can't force the U.S. Department of Health and Human Services to provide human rights groups with regular data about children in low-security detention facilities now that the long-running Flores settlement has been replaced with a government regulation.
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November 15, 2024
Ill. Biometric Privacy Changes Apply Retroactively, Judge Says
The Illinois legislature's recent move to limit businesses' exposure under the state's landmark biometric privacy law applies to disputes that were brought before the change was approved, a federal judge has ruled in tossing a lawsuit over a transportation company's allegedly unlawful collection of an employee's fingerprints.
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November 15, 2024
Colo. University To Pay $4.5M To Resolve Pay Bias Suit
The University of Colorado Boulder has agreed to pay $4.5 million to resolve a proposed class action claiming hundreds of female faculty members were owed back pay after the school raised their salaries without making up for years of undercompensation, according to a state court filing.
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November 15, 2024
Healthcare Co. PACS Made False Claims Before IPO, Suit Says
Healthcare holding company PACS Group Inc. has been hit with a proposed shareholder class action on the heels of a short seller's report that alleged the company engaged in deceptive practices to boost its value ahead of its initial public offering, including Medicare claims fraud.
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November 15, 2024
Ariz. Judge Will Decide Proper Venue For CVS Antitrust Suit
A federal judge concluded Thursday that he must decide whether a proposed class action accusing CVS of exploiting a Medicare loophole to charge independent pharmacies exorbitant fees belongs in arbitration, after scolding CVS's attorneys for failing to adequately develop their arguments defending an underlying delegation clause.
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November 15, 2024
Judge Doubts Wildfire Trial Plan Would Hurt Some Plaintiffs
A Colorado state judge was skeptical Friday that a single liability trial for the thousands of plaintiffs suing Xcel Energy over a 2021 wildfire would deprive some people of a fair day in court, pressing lawyers for individual plaintiffs to explain why his plan would infringe on due process.
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November 15, 2024
Semiconductor Co. ASML Faces Suit Over Trade Downturn
Semiconductor industry supplier ASML Holding NV has been hit with a shareholder class action alleging that it stunned investors as it significantly lowered its 2025 revenue forecast after earlier brushing off the potential impact of economic headwinds affecting its industry.
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November 15, 2024
Colo. Judge Nixes Debtor's Transfer Try For Not Conferring
A Colorado federal judge on Friday struck a motion to transfer a putative class action suit against a bankrupt truck rental company to the Delaware court handling the business's Chapter 11 case, saying the company had failed to consult with the plaintiffs before filing the motion.
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November 15, 2024
EV Carmaker Lucid Sued In Del. For Inflated Biz Claims
A stockholder who bought electric-car maker Lucid Group shares sued in Delaware's Chancery Court on Friday to recover derivative damages for the company tied to claims that the business raised billions on knowingly inflated production outlooks only to later drastically downsize its forecast.
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November 15, 2024
Veterans Seek Class Certification In Burn Pit Injuries Suit
A pair of veterans alleging the military misclassified their burn pit injuries as not combat-related have told a D.C. federal judge that they satisfied the criteria for size and common relief sought to proceed as a certified class.
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November 15, 2024
Dogecoin Buyers Drop Bid To Revive Suit Against Musk
Dogecoin cryptocurrency investors have agreed to drop their appellate bid to revive a two-year-old proposed securities class action accusing Elon Musk and Tesla Inc. of using the CEO's celebrity to target unsophisticated investors and gain a profit on the memecoin, according to a stipulation filed in New York federal court.
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November 15, 2024
Detroit 'Rain Tax' Stormwater Fees Upheld By Appellate Court
Fees that Detroit charges property owners to maintain its stormwater drainage system are not illegal taxes, a Michigan Court of Appeals panel held, finding that although the charges are effectively compulsory, they are not subject to constitutional restrictions on tax increases.
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November 15, 2024
UPS Hit With Worker Suit Over Lack Of Bathrooms
UPS was sued in a California state court for failing to provide drivers with adequate bathrooms, allegedly forcing workers to relieve themselves in water bottles with nowhere to wash their hands or throw out urine-filled containers after their shifts.
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November 15, 2024
Tenneco Asks Justices To Review 6th Circ. Arbitration Denial
Automotive parts company Tenneco asked the U.S. Supreme Court on Friday to review a Sixth Circuit decision from August that refused to force individual arbitration of a proposed class action from workers alleging retirement plan mismanagement, arguing lower courts had disagreed on how to apply federal arbitration law.
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November 15, 2024
Ga. Attys Named Co-Class Counsel In BioLab Fire Suit
The judge overseeing a proposed class action filed against chemical manufacturer BioLab Inc. in the aftermath of an industrial fire at its Conyers, Georgia, plant gave four firms the green light to take the helm of the plaintiffs' case, clearing the way for the filing of a consolidated amended complaint.
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November 15, 2024
Investor Drops Stock Pumping Suit Against UPS
One of several investors suing shipping and logistics giant UPS in recent months over a share price tumble caused by disappointing earnings numbers this summer said Thursday that he plans to drop his claims against the company.
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November 15, 2024
Plaintiffs Ask To Seal $8.5M Data Breach Deal With Gunster
Plaintiffs in a proposed data breach class action asked a Florida federal court Thursday to let them file under seal an $8.5 million settlement agreement to resolve accusations that Florida corporate law firm Gunster failed to safeguard the personal information of nearly 10,000 clients, employees and other individuals from cybercriminals.
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November 15, 2024
Attys Get 'Final Warning' In Tepezza Hearing Loss MDL
A magistrate judge has chastised attorneys on both sides of multidistrict litigation involving claims that a thyroid eye disease treatment manufactured by Horizon Pharmaceuticals Inc. causes hearing loss, calling for an end to their "improper" conduct during depositions.
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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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.