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Class Action
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April 01, 2025
NY Judge Tosses Rent Assistance Bias Class Action
The New York City Housing Authority and the state government escaped race discrimination claims from a proposed class of Black, Hispanic and Latino tenants, after a New York federal judge ruled that the plaintiffs lacked standing.
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April 01, 2025
Carnival Biz, H-2B Visa Workers To Settle Wage Suit
A carnival business that tours the East Coast and two H-2B visa workers who alleged that it forced them to work long hours in sometimes dangerous conditions without overtime pay have agreed to settle a proposed class action, according to Virginia federal court records.
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April 01, 2025
Amazon Says Workers Can't Rewrite 2nd Circ.'s Wage Queries
Amazon has asked Connecticut's highest court not to reframe certified Second Circuit questions about whether its employees must be paid while walking to mandatory anti-theft screenings at the ends of their shifts, arguing that state court rules ban them from altering the circuit's words.
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April 01, 2025
9th Circ. Urged To Keep Capital Group 401(k) Suit In Court
An employee retirement plan participant urged the Ninth Circuit to keep in court her proposed class action alleging 401(k) mismanagement by The Capital Group Cos., arguing a lower court correctly blocked an arbitration provision in the plan that waived statutory rights under federal benefits law.
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April 01, 2025
IBM And J&J Beat 'Speculative' Data Breach Suit, For Now
A New York federal judge has tossed with leave to amend a proposed class action alleging IBM and Johnson & Johnson's healthcare arm failed to safeguard sensitive health information of thousands of patients before a 2023 data breach, finding the purported harm is "entirely speculative" as currently alleged.
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April 01, 2025
NYT Demands OpenAI President Testify As Long As Staff
The New York Times has asked a federal judge to order that OpenAI president Greg Brockman sit for a standard deposition this month in copyright lawsuits over material used to train large language models, saying he should not be considered an "apex" witness who can testify for less time than his employees.
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April 01, 2025
Bloomberg Campaign Scores Partial Win In Unpaid OT Suit
Michael Bloomberg's 2020 presidential campaign organization attained a partial win in a suit accusing it of not paying field organizers minimum wage, a New York federal judge ruled, saying that the campaign wasn't a covered enterprise under the Fair Labor Standards Act and that certain state law claims were rootless.
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April 01, 2025
Talc Claimants Tell 3rd Circ. Whittaker Couldn't File Ch. 11
Talc injury claimants on Tuesday asked the Third Circuit to dismiss Whittaker Clark & Daniels' Chapter 11 case, saying a South Carolina state judge had given control of the talc supplier to a receiver six weeks before the company filed for bankruptcy.
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April 01, 2025
Cornell Student Says He Left US Over ICE Detention Threat
Cornell University doctoral student Momodou Taal said he left the United States just days after a New York federal judge declined to block U.S. Immigration and Customs Enforcement from detaining and deporting him for his Palestinian advocacy.
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April 01, 2025
Tyler Tech Denied Early Exit From NC Civil Rights Class Action
Tyler Technologies, the Texas-based software provider behind North Carolina's transition to a digital court system, can't escape a proposed civil rights class action claiming the new technology led to wrongful arrests and extended jail time, though claims against one sheriff named in the suit were dismissed.
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April 01, 2025
NC Atty Gets $775K Fee For Multistate Wage Verdict
A North Carolina federal judge has awarded $775,000 in attorney fees to the workers of an Apple-affiliated repair company following their six-figure win in a multistate wage class action over back wages and damages.
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April 01, 2025
Prudential Beats Life Insurance Applicant's GIPA Suit
A Prudential life insurance applicant cannot pursue genetic information privacy claims after being required to undergo a physical exam and detail her family's medical history, as the state law she cites does not apply to life insurance underwriting, an Illinois federal judge said on Monday.
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April 01, 2025
Venezuelans Ask Justices To Keep Block On Removals
Five detained Venezuelans urged the U.S. Supreme Court on Tuesday to deny President Donald Trump's move to lift a D.C. federal judge's order prohibiting the removal of alleged gang members from the U.S. under the Alien Enemies Act, arguing the president's "staggering" assertion of authority under the wartime law is unsubstantiated.
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April 01, 2025
Uber Case Shouldn't Head To Pa. Justices, 3rd Circ. Told
The Third Circuit has already made clear which standard applies to determine whether workers are independent contractors or employees under Pennsylvania law, said the Pennsylvania Chamber of Business and Industry, backing Uber's arguments to not send a misclassification case to the state justices.
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April 01, 2025
Md. Credit Union Didn't Protect Sensitive Info, Customer Says
Lafayette Federal Credit Union was hit with a proposed class action from a customer in Maryland federal court alleging the credit union failed to protect customers' personal information from malicious actors in a September breach despite being aware it was at risk of an attack.
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March 31, 2025
Lockheed Martin Can't Escape Retirees' 'De-Risking' Suit
Aerospace and defense giant Lockheed Martin can't shed former employees' allegations it mismanaged a $9 billion employee pension plan by using an allegedly risky annuity provider to handle the plan on behalf of 31,000 beneficiaries, a Maryland federal judge has determined.
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March 31, 2025
Wells Fargo Sued Over Online Wire Fraud Protections
Wells Fargo has been hit in by a proposed class action California federal court accusing the bank of leaving its online and mobile banking customers exposed to costly losses from fraudulent wire transfers.
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March 31, 2025
Driver Says Parking Garage Privacy Suit Can't Be Arbitrated
The lead plaintiff in a proposed class action claiming a nationwide operator of parking garages violates privacy laws with its use of video analytics to enforce phony parking fees is fighting the company's bid in Colorado federal court to force the dispute into arbitration.
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March 31, 2025
Buyer Class Of Surgical Robots Is Certified In Antitrust Fight
A California federal judge on Monday certified a class of thousands of hospitals alleging Intuitive Surgical monopolized the market for robotic surgical tools by blocking third-party repairs and tying services to robot purchases, finding the case raises common antitrust questions that can be resolved on a classwide basis.
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March 31, 2025
NCAA Says Tennis Prize Money Class Cert. Bid Too Narrow
The NCAA is urging a North Carolina federal judge not to certify a class of college tennis players suing the organization over their inability to accept prize money from outside tournaments, saying the disputed rules do not affect a broad class of student athletes.
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March 31, 2025
Conn. Law Firm Hit With Class Action Data Breach Suit
A 26-attorney Connecticut business litigation, intellectual property and employment law firm waited 16 months to notify potentially thousands of current and former clients of an alleged 2023 data breach that may have left sensitive personal information exposed to cybercriminals, a Monday lawsuit alleged
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March 31, 2025
Alcoa Retirees, Unions Win Block On Health Benefits Cutoff
Aluminum producer Alcoa USA Corp. must provide lifetime healthcare benefits to a group of retirees who were represented by unions, an Indiana federal judge ruled, greenlighting an injunction that allows class members to retroactively seek payments for costs.
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March 31, 2025
9th Circ. Revives Investor Suit Over $8B Avalara Sale
The Ninth Circuit on Monday partially revived a proposed class action accusing tax software company Avalara Inc. of underselling investors on its future prospects before taking the company private in an $8.4 billion deal.
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March 31, 2025
Vizio Stockholders Open Challenge To $2.3B Walmart Merger
A Vizio Inc. stockholder launched a class challenge Monday to the smart-TV company's $11.50 per share, $2.3 billion, sale to Walmart Inc., accusing insiders — including Vizio CEO and controller William Wang — of wiring up a deal unfair to common stockholders.
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March 31, 2025
Ford Escapes Calif. Driver's Cooling Pump Warranty Claims
A California federal judge said Ford can evade a proposed class action alleging it violated state law by keeping its cooling system pump out of California's emission control system warranty, saying a state regulator agreed the pump is not an emissions-related part.
Expert Analysis
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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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.