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Class Action
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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to lean toward reviving a proposed class action alleging IBM shorted retirees on pension payments through the use of outdated mortality data, with two judges asking questions about possible summary judgment proceedings in the case.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.
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March 19, 2025
AI Chatbot Co. LivePerson Beats Shareholder Suit For Good
A New York federal judge on Wednesday tossed for good a consolidated shareholder class action alleging that chatbot developer LivePerson Inc. misled investors about its post-COVID financial performance and the purported success of WildHealth, a health-focused company it acquired.
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March 19, 2025
Retirees' Discovery Bid Rejected In Hilton Pension Suit
A D.C. federal judge on Wednesday refused to reopen discovery in a decades-old suit against Hilton Hotels Corp. filed by retirees who won on claims that the company violated federal benefits law by shortchanging their pensions, citing a lack of evidence in the record that Hilton wasn't complying with the court's judgment.
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March 19, 2025
Crisco Slips Proposed Class Cert. In Butter False Ad Suit
A Crisco cooking spray purchaser looking to hold its manufacturer liable for an allegedly deceptive "butter" label cannot pursue those claims on behalf of other consumers because his intended classes aren't solid enough to proceed as one, an Illinois federal judge said Wednesday.
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March 19, 2025
Samsung, LA Resident Settle Galaxy Wristband PFAS Suit
A California federal judge Wednesday closed the book on a Los Angeles resident's proposed class action alleging Samsung Electronics America Inc. uses "forever chemicals" in the wristbands it sells for its smartwatches and fitness trackers, the same day the parties reported reaching a resolution.
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March 19, 2025
Sotera Beats Shareholder Suit Over Sterigenics Emissions
Life sciences company Sotera Health has beaten a shareholder suit alleging it made a series of false and misleading statements about its environmental controls and liability exposure from numerous lawsuits against subsidiary Sterigenics, with the court ruling the plaintiffs have not shown the company intended to deceive the public.
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March 19, 2025
Ford Explorer Axle-Bolt Suit Dropped By Wash. Plaintiffs
A Washington federal judge on Wednesday closed a proposed class action accusing Ford of selling Explorer vehicles designed with a single unreliable rear-axle bolt, after a pair of vehicle owners told the court they were dropping their case.
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March 19, 2025
Buyers Oppose Consolidation Of THC Oil False Ad Suits
A proposed class of buyers is urging an Illinois federal judge not to consolidate 10 cases from the same attorneys alleging nearly two dozen cannabis companies mislabel their vapable oil products to get around state regulations.
Expert Analysis
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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.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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2 High Court Securities Cases Could Clarify Pleading Rules
In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.