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Class Action
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March 20, 2025
Atrium Health Escapes Privacy Suit Over Meta Data Sharing
A North Carolina federal judge on Thursday tossed a proposed class action accusing Atrium Health Inc. of unlawfully sharing patients' private information with Meta Platforms and Google through browser tracking tools, finding the allegations couldn't proceed in his court but leaving the door open for the plaintiffs to refile negligence, contract and other claims in state court.
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March 20, 2025
Trucking Co. Workers Score Class Cert. In 401(k) Fee Suit
An Arizona federal judge signed off on a 23,500-member class in a lawsuit claiming Knight-Swift Transportation's retirement plan was saddled with excessive fees, finding the workers leading the suit had demonstrated that all participants were harmed by what they alleged was the planwide mismanagement.
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March 20, 2025
Philadelphia Inquirer Gets OK For Data Breach Class Deal
A Pennsylvania federal judge has given the final okay to a $525,000 settlement that resolves litigation against the Philadelphia Inquirer alleging the paper failed to protect the personal information of over 25,000 people compromised by a cyberattack.
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March 20, 2025
11th Circ. Allows Remand Of EB-5 Suit To Fla. State Court
The Eleventh Circuit has dismissed the appeal of a Canadian citizen trying to compel arbitration and keep in federal court the suit accusing him of defrauding foreign investors, saying it doesn't have jurisdiction to review the order sending the case back to Florida state court.
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March 20, 2025
Judge Won't Let Meijer Appeal Takeda's Arbitration Mandate
A Massachusetts federal judge refused Thursday to let Meijer immediately appeal his order letting Takeda Pharmaceutical force the grocery chain into arbitration and out of its role as a representative of a proposed class of direct purchasers suing over delayed generics to a constipation drug.
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March 20, 2025
Class In Bayer 'One A Day' Gummies Lawsuit Gets Judge's OK
A New York federal judge on Wednesday certified a class of consumers who allege that the labeling on Bayer's "One A Day" vitamin gummies is misleading, finding that an expert's survey found that the consumers found that it was so.
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March 20, 2025
Parolees Say DHS Parole Program Cuts Causing Broad Injury
Eighteen noncitizen parolees and U.S.-based sponsors suing the Department of Homeland Security are urging a Massachusetts federal judge to block the termination of Biden-era parole programs for Afghanistan, Ukraine, Cuba and other countries, arguing a block is necessary to "prevent deep and broadening irreparable injury."
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March 20, 2025
Walgreens Can't Dodge Wash. Law In 'Non-Drowsy' Label Suit
The Washington Supreme Court said Thursday that Walgreens could not avoid claims under the state's consumer protection law alleging its "non-drowsy" cough medicine label was deceptive, rejecting the retailer's contention that the law's safe harbor provision shielded it from a proposed class action in Illinois federal court.
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March 20, 2025
Fla. Fund Sued In Del. After Denying Investor Redemptions
Investors in Florida-based limited partnership P and J Titan Fund LP sued the fund, its general partner, sole director and investment manager in Delaware's Court of Chancery on Tuesday, alleging improper redemption refusals and diversions of funds.
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March 20, 2025
Suit Says Stifel Underpaid Clients In Cash Sweep Accounts
Wealth management company Stifel Financial Corp. and its brokerage arm were hit with a proposed class action by two customers alleging Stifel systematically underpaid clients on cash sweep accounts while profiting from rising interest rates.
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March 20, 2025
9th Circ. Won't Renew Consumers' Amazon 'Buy Box' Suit
A Ninth Circuit panel has declined to revive a consumer antitrust suit against Amazon, ruling on Thursday the plaintiffs have failed to show they were injured by the e-commerce company's practices incentivizing third-party sellers to use its logistics services with the "Buy Box" feature.
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March 20, 2025
DHS Says There's No Evidence Parole Is Being Categorically Denied
The U.S. Department of Homeland Security urged a D.C. federal judge on Thursday to reject asylum-seekers' attempt to renegotiate an agreement to release them from detention on a case-by-case basis, saying they've offered no evidence that parole is being categorically denied.
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March 20, 2025
2nd Circ. Appears Open To Restarting IBM Pension Fight
The Second Circuit on Thursday seemed to lean toward reviving a proposed class action alleging IBM shorted retirees on pension payments through the use of outdated mortality data, with two judges asking questions about possible summary judgment proceedings in the case.
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March 20, 2025
4th Circ. Leery Of Reviving Class Claims In Lending Bias Suit
A group of borrowers faced an uphill battle Thursday trying to convince the Fourth Circuit to revive their class claims accusing Navy Federal Credit Union of discriminatory lending practices, with one judge chastising what he said were attempts to rewrite the complaint.
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March 20, 2025
Saatva Misled Consumers About Mattress Material, Suit Says
Saatva, a direct-to-consumer mattress brand, has been hit with a proposed class action in a New York federal court, with shoppers accusing it of misrepresenting that its products are nontoxic, natural and chemical-free, even though its mattresses contained materials that pose health and environmental concerns.
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March 20, 2025
Lockheed Workers Claim Self-Dealing In 'DIY' 401(k) Plans
Lockheed Martin engaged in self-dealing through "DIY" management of its $50 billion retirement plans by tapping in-house investment funds that significantly underperformed independent offerings on the market, a group of workers claimed in Maryland federal court.
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March 20, 2025
Sprinklr Execs Sued Over Revenue Projections, Biz Transition
Executives and directors of customer experience software company Sprinklr Inc. have been hit with a shareholder derivative suit alleging that they concealed issues the company was facing with scaling new service technology products.
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March 19, 2025
'Weird' Mass Arb. Fights Have Judge Questioning FAA's Reach
A California federal judge who held Verizon's arbitration agreements to be unconscionable told a law forum panel Wednesday in San Diego that the rise of mass arbitration cases and companies' increasingly "creative" efforts to avoid arbitration has him finding the process "weird" and asking, "What's wrong with the courts?""
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March 19, 2025
Software Co. Smart ERP Failed To Prevent Breach, Suit Says
California software company Smart ERP Solutions Inc. failed to protect social security numbers and other sensitive personal information during a summer 2024 data breach, leaving more than 78,700 customers at risk of fraud and identity theft, one man has alleged in a putative class action in California federal court.
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March 19, 2025
Ticketmaster Baits With 'Deceptively' Low Prices, Suit Says
Ticketmaster has allegedly been luring consumers into buying event tickets by advertising "deceptively" low prices before surprising them with high hidden fees at checkout after pressuring them with pop-up warnings and a countdown clock, according to a putative class action filed Tuesday in California federal court.
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March 19, 2025
Ohio Judge Blasts Fla. Atty In Opioid MDL For False Statements
The Ohio federal judge overseeing multidistrict opioid litigation has sanctioned a Florida attorney who represents 15 municipal subdivision plaintiffs for repeatedly stating that members of their attorney leadership team regularly engaged in improper communications with the court.
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March 19, 2025
Fla. Judge Mulls Appointing 3rd Party Atty In Chiquita MDL
A Florida federal judge on Wednesday said he is considering appointing a third-party lawyer to advise clients in a multidistrict litigation case on whether they should settle or pursue claims of Chiquita funding a Colombian right-wing paramilitary group that committed war crimes against civilians in Colombia, following arguments from attorneys.
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March 19, 2025
GM Seeks Full 6th Circ. Guidance Amid Class Action Surge
Sixth Circuit judges on Wednesday dug into whether they should undo a panel's ruling upholding class certification for consumers who allege General Motors sold vehicles with defective transmissions, as the automaker urged the judges to give courts guidance on class certification at a time the circuit has been "inundated" with class actions.
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March 19, 2025
Beech-Nut Beats Baby Food Metals Case Revived By 2nd Circ.
A New York federal judge tossed Wednesday a recently revived consolidated proposed consumer class action alleging Beech-Nut Nutrition Co. sold baby food contaminated with metals, finding that the consumers have not shown they were economically harmed, while rejecting their claims they overpaid for the products or did not receive the benefit of the bargain.
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March 19, 2025
Philip Morris Must Face Bulk Of Fla. Zyn Injury Suits
A Florida federal judge trimmed on Wednesday a single fraudulent concealment claim against Philip Morris' subsidiary in a pair of consumer lawsuits alleging ongoing injuries caused by addictions to Zyn nicotine pouches, but the judge refused to toss other claims, rejecting Philip Morris' jurisdictional challenges.
Expert Analysis
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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.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.