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Class Action
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November 06, 2024
Mich. Atty, Arizona Voter Sue Elon Musk Over $1M Giveaway
Elon Musk and his political action committee were hit with two lawsuits Tuesday claiming his $1 million giveaway to swing state voters who signed a petition to support the U.S. Constitution was a fraud.
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November 06, 2024
MVP: Skadden's Boris Bershteyn
Boris Bershteyn of Skadden Arps Slate Meagher & Flom LLP scored a pair of wins for casino hotel clients accused of orchestrating a price-fixing scheme through algorithmic software, earning him a spot as one of the 2024 Law360 Class Action MVPs.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Peet's Sinks ADA Bias Suit Over Alt Milk Surcharge, For Now
A California federal judge on Tuesday freed Peet's Coffee from a proposed class action accusing it of discriminating against customers with lactose intolerance and milk allergies by levying a surcharge for non-dairy milk alternatives, saying customers who sued failed to show that only disabled customers would incur the extra cost.
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November 05, 2024
Ford To Face Punitives Bid At Next Ga. Trial Over Truck Roof
Ford Motor Co. must face a punitive damages request at an upcoming jury trial over allegations that a defective pickup truck roof caused a husband and wife to suffocate during a rollover crash, a Georgia federal judge held Tuesday.
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November 05, 2024
Mich. Unemployment Claimants, UAW Seek Class Certification
The United Auto Workers union and Michigan residents urged a federal judge Monday to certify a class of people who say the state suspended their unemployment payments without proper notice, a practice the claimants say violates a seven-year-old agreement with the state's unemployment insurance agency.
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November 05, 2024
Susman Godfrey Opposes Fee Bid In $147.5M Insurance Deal
Susman Godfrey LLP lawyers have objected to three firms' requests for $36.9 million in attorney fees in a life insurance class action, saying they spent millions pressing similar New York and Pennsylvania claims being swept into an allegedly undervalued $147.5 million global settlement in Connecticut.
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November 05, 2024
Lululemon Brass Face Derivative Suit Over Inventory Issues
Officers and directors of activewear retailer Lululemon Athletica Inc. have been hit with a shareholder derivative suit alleging they concealed challenges including inventory allocation that ultimately hurt the company's sales.
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November 05, 2024
Feds Say Girardi's Behavior At Trial Shows He Is Competent
Prosecutors told a California federal judge on Tuesday that Tom Girardi should not receive a new trial following his conviction for misappropriating $15 million in client settlement funds, saying the disbarred attorney's arguments that he was not competent to stand trial are completely undercut by his behavior during the trial.
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November 05, 2024
Mich. Judge Won't Delay Benton Harbor Lead Pollution Suit
A federal magistrate judge in Michigan rejected a request to push back a scheduling conference in litigation over lead contamination in a Michigan city's drinking water, ordering the parties on Monday to press forward with resolving the significantly narrowed case.
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November 05, 2024
Google Escapes Play Store Gift Card Scam Suit, For Now
A California federal judge on Monday tossed a woman's proposed class action accusing Google of profiting millions of dollars stolen from victims of Google Play gift card scams but rejected the tech giant's contention that the woman was subject to a heightened pleading standard for claims predicated on fraud.
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November 05, 2024
Groups Lose Early Bid To Undo Calif. Climate Disclosure Laws
A California federal judge rejected the U.S. Chamber of Commerce and other business groups' attempt to block California's corporate climate disclosure rules before discovery, ruling Tuesday that discovery is needed for the court to answer whether the laws facially violate the First Amendment.
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November 05, 2024
UBH Strikes Deal To End Mental Health Coverage Class Action
United Behavioral Health told a New York federal court Tuesday it needs more time to finalize an agreement that would resolve a class action alleging the insurance company denied coverage for mental health treatments it deemed "experimental" while paying for unproven remedies in other medical settings.
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November 05, 2024
Hagens Berman Defends Bid To Ditch AWOL Apple Suit Client
A Washington federal judge expressed skepticism on Tuesday that Hagens Berman Sobol Shapiro LLP was within its rights to substitute a proposed class representative in an antitrust case against Amazon and Apple earlier this year when the lead plaintiff stopped communicating with the firm.
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November 05, 2024
Bright Health Beats Investor Suit Over COVID-19 Costs
The health insurer previously known as Bright Health Group Inc. no longer faces a proposed investor class action after a Brooklyn federal judge found that the company's initial public offering risk disclosures hadn't deliberately misled investors about its anticipated costs amid the COVID-19 pandemic.
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November 05, 2024
Google, Nvidia Push To Toss YouTuber's IP Class Actions
Google and Nvidia have asked a California federal court to dismiss a YouTube creator's proposed class actions accusing them and OpenAI in three nearly identical suits of copying his videos to train large language models, arguing the plaintiff has not asserted any copyright claims.
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November 05, 2024
Amazon Bashes Wash. Supreme Court's Price-Gouging Ruling
Amazon urged a Washington federal judge Monday to toss an updated proposed consumer class action alleging price gouging during the pandemic, saying the claims remain overly broad and the Washington Supreme Court's interpretation of the state's consumer protection law is unconstitutionally vague.
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November 05, 2024
Meta Ruling Will Fuel Class Actions, Chamber Warns Justices
Business organizations are backing Meta's appeal of a Ninth Circuit ruling upholding damages class certification for a group of Meta advertisers claiming they were misled about Facebook's ad tools, with the industry outfits telling the U.S. Supreme Court that the Ninth Circuit is out of sync with other circuits on class questions.
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November 05, 2024
Target Inks Individual Deals Over 'Non-Drowsy' Flu Medicine
Target Corp. has reached individual settlements with three consumers who launched a proposed class action alleging its over-the-counter cold and flu medicine is misleadingly labeled as "non-drowsy" despite containing an ingredient known to cause sleepiness, according to a Minnesota federal judge's order.
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November 05, 2024
Ascension Staff To Get Back Pay In COVID Vaccine Settlement
Ascension Health Alliance will provide back pay for employees who were denied religious exemptions from its COVID-19 vaccine policy and suspended without pay, under a revamped settlement approved by a Michigan federal judge.
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November 05, 2024
United Surgical Partners Settles 401(k) Mismanagement Suit
United Surgical Partners International Inc. has agreed to settle a proposed class action claiming the outpatient surgery network stacked its $455 million retirement plan with expensive share classes and high fees, according to a filing Tuesday in Texas federal court.
Expert Analysis
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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Orange Book Warnings Highlight FTC's Drug Price Focus
In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.