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Class Action
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March 13, 2025
Eddie Bauer Can't Ditch Outlet Tag False Ad Action
Eddie Bauer cannot escape a proposed class action alleging the clothing brand's outlet store price tags exaggerated markdowns, a Seattle federal judge ruled Wednesday, saying the complaint is timely and adequately alleges that the retailer's use of certain phrasing on the tags is misleading under Oregon law.
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March 13, 2025
Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.
A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.
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March 13, 2025
Judge Trims Claims Of Botched Federal Savings Transition
A D.C. federal judge trimmed a proposed class of federal employees and their family members' claims against two companies that manage workers' retirement plan and the plan's board Wednesday, tossing claims of negligence and breach of fiduciary duty but leaving breach of contract and unjust enrichment claims intact.
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March 13, 2025
Federal Judge Still Skeptical Of Amazon Securities Fraud Suit
A Washington federal judge said he was "struggling" with a group of Amazon shareholders' stance in a securities fraud suit on Thursday, doubtful that stock sales numbers were enough to back claims that Jeff Bezos had a motive to dupe investors about the company's fulfillment capacity and third-party seller practices.
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March 13, 2025
Bike Parts Maker Fox Factory Beats Post-COVID Investor Suit
Georgia bicycle parts maker Fox Factory Holding Corp. no longer faces a proposed investor class action accusing the company of hurting investors by hiding slumping demand, although a federal judge offered the investor who brought the suit a chance to revise his claims.
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March 13, 2025
Buehler's Managers Say Grocery Chain Flouts OT Laws
Grocery chain Buehler's Fresh Foods is accused of failing to pay overtime wages to catering, produce, kitchen and bakery managers who put in more than 40 hours per workweek but were wrongly classified as exempt, according to a proposed collective action filed in Ohio federal court.
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March 13, 2025
Texas Court Rules Against Unresponsive Crypto DAO
A Texas federal judge on Thursday entered a default judgment against a decentralized crypto exchange that failed to respond to an online summons posted by individuals who say they lost money on the exchange, but questions remain as to who will pay any penalties that may be handed down against the platform.
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March 13, 2025
2nd Circ. Won't Revive Saks, Luxury Brands No-Poach Case
A Second Circuit panel refused Thursday to revive an antitrust suit from former Saks Fifth Avenue employees over the retailer's alleged agreements with Gucci, Louis Vuitton and other luxury fashion houses to not hire workers from its stores.
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March 13, 2025
Seminole Say Minn. Order Backs Bid To Nix Gaming Ad Suit
The Seminole Tribe of Florida says a recent federal court order that dismissed a Minnesota casino and horse racetrack operator's claims that tribal entities' Class III gaming operations are illegal supports its bid to nix a proposed class action over allegedly misleading advertisements by its Hard Rock Digital gaming vendor.
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March 13, 2025
Housing Advocacy Groups Sue Over HUD Grant Cuts
A coalition of advocacy organizations filed a proposed class action in Massachusetts federal court Thursday against the Trump administration over the termination of dozens of grants to programs targeting housing discrimination.
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March 13, 2025
Lush Customer Can Pursue Privacy Class Action In California
Lush must face a proposed privacy class action in California for allegedly recording a woman's phone call with customer service without her permission, after a California federal court ruled Tuesday it had personal jurisdiction over the company since it had 35 retail locations in the state.
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March 13, 2025
Energy Co. Faces Investor Suit Alleging AES, Siemens Rifts
Energy storage company Fluence Energy Inc. faces a proposed investor class action alleging it concealed the impact to its revenues of growing rifts and falling business with its founders, German conglomerate Siemens AG and U.S. utility company AES Corp.
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March 13, 2025
ADM Can't Duck Suit Over Nutrition Biz Investigation
An Illinois federal judge has refused to dismiss an investor suit claiming that the purported growth of Archer Daniels Midland's nutrition segment was based on improper accounting practices, saying the shareholders have made "robust" allegations that company executives made knowingly false statements about its profitability.
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March 13, 2025
Full 4th Circ. Urged To Rethink Drug Price-Fixing Class Action
The Fourth Circuit's dismissal of a proposed class action accusing drug companies of conspiring to inflate the price of a drug for Huntington's disease has deepened a circuit split on proving injury under the Racketeer Influenced and Corrupt Organizations Act, a group of reimbursement recovery entities has said in asking the full court to rethink the ruling.
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March 13, 2025
Del.'s Divisive Corporate Law Rework Passes In State Senate
Divisive amendments to Delaware's general corporation law cleared the state Senate Thursday with multiple questions but little debate and without dissenting votes, and will now be sent to the House amid warnings that failure to approve could weaken the state's standing as a top corporate charter hub.
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March 13, 2025
US Bank Agrees To Massive Class In 401(k) Fee Suit
U.S. Bancorp told a Minnesota federal court Thursday that it agreed to the certification of an approximately 93,000-member class in a lawsuit alleging the financial company allowed its employee 401(k) to pay exorbitant recordkeeping fees.
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March 13, 2025
NJ State Police Agree To Clear Expungements In 120 Days
The New Jersey State Police have agreed to process judicial expungement orders within 120 days, resolving litigation over yearslong delays in the clearing of expunged criminal records, the New Jersey Office of the Public Defender announced Thursday.
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March 13, 2025
Vanguard's $40M Deal In Tax Suit Gets Delay In Final Approval
A Pennsylvania federal judge delayed a proposed $40 million settlement between Vanguard and investors who claimed the firm unfairly stuck them with big tax bills, saying both sides must respond to objections about the effects of a recent SEC settlement on the deal.
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March 13, 2025
Worker's Missed Deposition Dooms Wage Case, Co. Says
A former employee of a logistics firm refuses to voluntarily dismiss his wage and hour collective action despite failing to show up for his deposition and expressing that he no longer wishes to pursue the case, the company argued as it urged a North Carolina federal court to toss the suit.
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March 12, 2025
Del. Justices Told Conflicts Tainted AstraZeneca Co.'s $3B Sale
A stockholder class attorney told Delaware's Supreme Court on Wednesday that a vice chancellor never addressed the undisclosed conflicts cited in a Court of Chancery suit accusing AstraZeneca PLC of lining up a conflicted, underpriced $3 billion sale of clinical stage biopharmaceutical venture Viela Bio Inc.
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March 12, 2025
Delta, Japan Airlines Sued Over Collision At Seattle Airport
Delta Air Lines Inc. and Japan Airlines Co. were sued by a married couple who say they were injured during a ground collision between two aircraft at Seattle-Tacoma International Airport in February.
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March 12, 2025
Shepherd Blasts Ranchers' Bid To End Wage-Fixing Suit
A Peruvian sheepherder has asked a Nevada federal judge not to dismiss his proposed antitrust class action alleging that a ranching association and its members conspired to suppress migrant workers' wages, arguing that he has detailed information about when the member ranches agreed to follow the association's prohibitions on employee transfers or recruitment.
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March 12, 2025
Law360 Cheat Sheet: Novartis' Fight Over Generic Entresto
Novartis has led a wide-ranging litigation campaign to block generic versions of its bestselling cardiovascular drug Entresto that has involved multidistrict litigation, trips to several circuit courts and cases against the federal government. Here, Law360 breaks down how the various cases intersect and what's still playing out.
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March 12, 2025
3M's $6B Deal In Earplug MDL Cut Federal Caseload 14%
A single settlement produced a 14% decrease in the number of pending cases in federal district courts over fiscal 2024, and that was 3M's $6 billion deal to end multidistrict litigation over its combat earplugs, according to a Tuesday report by the Administrative Office of the U.S. Courts.
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March 12, 2025
Mercedes-Benz Urges Judge To Rethink Class In Airbag MDL
Mercedes-Benz USA LLC on Tuesday asked a Florida federal judge to reconsider a decision allowing a group of drivers to form a class as part of a multidistrict litigation lawsuit over faulty airbags installed in its cars.
Expert Analysis
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.