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Class Action
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October 25, 2024
Social Media MDL Judge Rips Meta, AGs' Agency Doc Fight
A California federal judge Friday slammed counsel for Meta and dozens of state attorneys general during a contentious hearing in multidistrict litigation over claims social media is addictive for not reaching agreements on Meta's demands for documents from 275 state agencies, telling both sides' attorneys, "we should've never gotten here."
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October 25, 2024
3 Firms Seek $17.6M Fee For Military Borrower Class Deal
Smith & Lowney PLLC, Hagens Berman Sobol Shapiro LLP and Ballew Puryear PLLC have asked a North Carolina federal court to award them $17.6 million in fees for the work they did to secure a $64 million settlement from USAA on behalf of borrowers who served in the military.
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October 25, 2024
At Home Settles Suit Over 'Luxury' Sheets' Thread Count
Home decor chain At Home has escaped a proposed class action accusing it of exaggerating the thread count of its high-end sheet sets, after the lead plaintiffs withdrew their complaint in Illinois federal court.
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October 25, 2024
Seminole Tribe Looks To Dismiss Gaming Ad Suit
The Seminole Tribe of Florida asked a Florida federal court to dismiss a proposed class suit claiming ads from the tribe's gaming vendor are misleading, arguing that the suit cannot continue without the tribe as a party, but the tribe cannot be added as a party because of sovereign immunity.
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October 25, 2024
Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday
In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.
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October 25, 2024
9th Circ. Dubious Of Tesla Investors' Appeal Of $12B Trial Loss
Ninth Circuit judges appeared skeptical Friday of Tesla investors' argument that an erroneous trial instruction improperly led a jury to reject their $12 billion claim over Elon Musk's 2018 tweets that he had "funding secured" to take the electric car giant private.
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October 25, 2024
'Starting Point' Algorithm Enough To Fix Prices, DOJ Says
The Justice Department is using the first algorithmic price-fixing case to reach an appeals court to argue that just because an algorithm only set "starting points" doesn't make its use legal, in a Ninth Circuit amicus brief backing efforts to revive a room rate lawsuit against Las Vegas casino hotels.
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October 25, 2024
Ex-Abercrombie CEO Pleads Not Guilty, Gets $10M Home Bail
Former Abercrombie & Fitch CEO Michael Jeffries pled not guilty on Friday to charges of operating a sex trafficking and prostitution ring that preyed on male models, and was released to home confinement on a $10 million bond.
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October 25, 2024
Amazon Presses Drivers To Hand Over Docs, Info In Wage Suit
Amazon said that 17 named plaintiffs in an eight-year suit accusing the online retail giant of misclassifying drivers as independent contractors failed to meet discovery demands, urging a Washington federal judge to order them to fulfill the requests within 10 days.
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October 25, 2024
Ex-Worker Says Circle K Failed To Provide OT, Breaks
Convenience store company Circle K failed to pay workers overtime wages and provide them with meal and rest periods, the workers alleged Friday in California state court.
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October 25, 2024
Photo App Says BIPA Ignorance Warrants Insurance Coverage
The company behind a website and app that allow families to view photos of their children at summer camp told an Illinois federal judge it had no idea about the state's biometric privacy law, and thus couldn't have knowingly violated it, arguing that means insurers cannot shirk their responsibility to defend it in an underlying suit.
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October 25, 2024
Tyson Workers Denied New Complaint In 401(k) Fee Suit
An Arkansas federal judge shut down further pleadings in a suit from Tyson Foods Inc. employees alleging mismanagement of their 401(k) retirement plan, finding a proposed amended complaint still lacked adequate comparisons for the court to judge whether recordkeeping fees were excessive.
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October 25, 2024
Judge Chides Bid To Swap Credit Suisse Suit's Lead Plaintiff
A New York federal judge has rejected an investor's bid to supersede the current lead plaintiff in a securities fraud suit over Credit Suisse's 2023 collapse, saying the petitioning investor had "jumped at the opportunity to sell out his fellow class members" with the replacement motion and criticizing his lawyer too.
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October 25, 2024
NCAA Creating Cloudy Future As It Clings To Control
Experts speaking at a symposium from Temple University's Beasley School of Law in Philadelphia drove home the point that the NCAA's multibillion-dollar court settlement providing damages and revenue to past and future college athletes falls far short of settling the remaining challenges to its control of college sports.
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October 25, 2024
North Carolina Merchandiser Settles FLSA Suit Over OT Pay
A field service representative and the retail support provider he sued claiming unpaid overtime told a North Carolina federal court that they settled a Fair Labor Standards Act collective suit.
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October 24, 2024
Meta, TikTok Can't Ditch Schools' Social Media Addiction Suit
Meta Platforms and other social media giants must face most of the claims brought by school districts and local government entities alleging the companies designed their platforms to addict children, a California federal judge ruled Thursday.
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October 24, 2024
Calif. Chili's Workers Fight Uphill For Meal Break Class Cert.
A California federal judge considering class certification for nearly 1,300 Chili's employees, who are accusing the owner of their restaurants of not providing meal breaks, said Thursday that individualized questions about whether workers were coerced into asserting they voluntarily skipped their break could doom their bid.
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October 24, 2024
Walmart Sued Over Deceptively Marketed Avocado Oil
A Florida woman filed a proposed class action accusing Walmart Inc. of falsely advertising its avocado oil, deceiving consumers into thinking it was pure when it was actually cut with cheaper oils.
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October 24, 2024
ICE Agrees To Enforce 2009 Parole Policy For Asylum-Seekers
A Washington, D.C., federal judge gave preliminary approval Thursday to an agreement between U.S. Immigration and Customs Enforcement and asylum-seekers to resolve a suit alleging immigration officials in New Orleans wrongfully refused to release them on parole.
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October 24, 2024
CAT Is 'Out Of The Bag': Judge Won't Block SEC Data Tool
The U.S. Securities and Exchange Commission can continue to monitor markets through a surveillance tool known as the consolidated audit trail while it fights a class action lawsuit challenging the tool's existence, with a Texas federal judge saying Thursday that enjoining data collection now would cause chaos and disruption.
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October 24, 2024
Bumble App Wants To Dump Straight Women's Bias Suit
Bumble asked a California federal judge Wednesday to throw out a lawsuit alleging the dating app discriminates against straight women by requiring them to make the first move, saying the complaint "betrays a troubling irony" in perpetuating gender-based stereotypes that antidiscrimination laws were designed to prevent.
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October 24, 2024
Chancery Won't Block Dura Medic Merger Insurance Claims
Dura Medic, a private equity-controlled medical equipment supplier, and its directors and officers won their bid Thursday in Delaware's Court of Chancery to beat back, for now, a request for a temporary restraining order blocking a settlement that could put a $5 million directors and officers insurance policy beyond the reach of the previous owners' damage claims.
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October 24, 2024
Berkshire Hathaway Unit's RV Recall Doesn't End Defect Suit
A Montana federal judge won't let a Berkshire Hathaway unit escape a suit alleging that its RVs had a dangerous wiring defect by pointing to a 2024 recall, saying the recall doesn't offer a complete remedy for the plaintiff's claims.
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October 24, 2024
LinkedIn Intercepts Health Info On CityMD's Site, User Says
LinkedIn was hit with a proposed invasion-of-privacy class action on Wednesday in California federal court that accused the social network platform of illegally intercepting users' sensitive health information when they book medical appointments through CityMD's website, then selling the data for targeted advertising.
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October 24, 2024
Logistics Cos. Don't Let Workers Avert Tobacco Fee, Suit Says
Two Connecticut-based logistics companies unlawfully charge employees who use tobacco an extra fee for obtaining health insurance without offering full reimbursement if they complete a smoking cessation program, according to a proposed class action filed in federal court.
Expert Analysis
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What To Expect From CFPB And DOT Card Rewards Inquiry
Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opting In To CIPA Risk Mitigation After New Precedent
A recent California federal court decision, adopting a new, broad interpretation of the California Invasion of Privacy Act, will likely increase the volume of CIPA claims and should prompt businesses to undertake certain preventative measures, including adopting an opt-in approach to using third-party website advertising technologies, say attorneys at Thompson Hine.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Look For Flags On Expert Claims After Sunday Ticket Reversal
A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.
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What 7th Circ. Samsung Decision Means For Mass Arbitration
The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Courts Split On Damages Analysis In Automotive Suits
As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.
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Lessons From Rising Fake Discount Consumer Class Actions
Ellen Robbins and Scott Allbright at Akerman discuss the rise of false reference price consumer class actions and outline key strategies to minimize legal risk and protect businesses.
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Classwide Calculations May Get Price Premium Damages Wrong
In many consumer class actions, plaintiffs assert that they overpaid for a product because of a misrepresented or defective product feature, and that a single price premium estimate can be applied classwide — but failure to account for differences in price premiums across a putative class may lead to improper damage awards, say economists at Ankura Consulting.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.