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Class Action
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April 04, 2025
Radius Health Stockholders Sue Ex-CEO After $890M Co. Sale
Stockholders of global biopharmaceutical venture Radius Health Inc. sued the company's former CEO G. Kelly Martin late Thursday in Delaware's Court of Chancery, alleging breaches of fiduciary duty related to the company's purportedly undervalued, $890 million sale in August 2022.
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April 04, 2025
Musk Atty Objects To 'Outrageous' Deposition Request
Elon Musk's attorney has said it's "outrageous" that a class of former Twitter investors is trying to depose the attorney in a case accusing Musk of intentionally tanking the social media platform's stock price, telling a California federal judge the move threatens to undermine his attorney-client relationship.
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April 04, 2025
2nd Circ. Won't Revisit Benefit Math In Colgate ERISA Suit
The Second Circuit refused Friday to rethink the methodology Colgate-Palmolive must use to recalculate retirement benefits for pensioners who said they were underpaid to the tune of $300 million, saying the issues raised by the company had already been decided.
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April 04, 2025
Seattle Children's Faces Class Action Over Nurse Meal Breaks
A Washington nurse has filed a proposed class action alleging Seattle Children's Hospital broke state law by failing to schedule or provide mandatory rest and meal breaks, in a state court complaint that said the problem was made worse by understaffing during the COVID-19 pandemic.
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April 04, 2025
No Basis To Upend Time Bar On Veterans' Claims, DOJ Says
Veterans challenging a federal appeals court's ruling that a six-year statute of limitations applies to retroactive combat-related special compensation that Congress has authorized can't show lawmakers intended otherwise, the federal government told the U.S. Supreme Court.
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April 04, 2025
Meta Wins Bid To Transfer Del. MDL Coverage Fight To Calif.
The Judicial Panel on Multidistrict Litigation sent a Delaware insurance-coverage dispute between Hartford, Chubb Group entities and Meta to California where underlying personal-injury litigation is centralized, finding that although the parties accuse each other of forum shopping, "we are not inclined to finely parse which is the guiltier party."
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April 04, 2025
Female Public Defenders Settle Bias Case With Pa. County
A proposed class of unionized female public defenders on Friday settled civil rights claims against Delaware County, Pennsylvania, nearly three years after suing their employer for alleged "systemic, enduring and continuing wage disparity" between male and female attorneys in suburban Philadelphia.
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April 04, 2025
Pension Fund Miscalculated Co.'s $23M Exit Fee, Judge Says
A Teamsters pension fund erred when it determined that a concrete company owed $23 million for withdrawing from the plan, an Illinois federal judge ruled, saying an arbitrator needs to reassess the calculation and give the employer proper credit for other payments made.
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April 04, 2025
Off The Bench: City Sues Sportsbooks, Ex-NFLer Battles TMZ
In this week's Off The Bench, Baltimore joins the fight against promotional tactics by DraftKings and FanDuel, Terrell Owens tries to protect a catchphrase in a trademark suit, and a trial over a child's injuries at a golf facility draws closer.
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April 04, 2025
Mechanic Sues 3 Auto Cos. Over Finger, Face Scan Practices
Three businesses behind an automobile repair shop and truck rental company in Illinois have been hit with a proposed biometric privacy class action from a former mechanic who says the companies illegally used fingerprint and facial scanners to track employees' work time.
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April 04, 2025
Child Therapists Reach $127K Deal To End Wage Suit
A Georgia children's therapy provider agreed Friday to pay about $127,000 to resolve a collective action accusing it of failing to pay registered behavior technicians for time they spent working before appointments, performing administrative work and doing other off-the-clock work.
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April 04, 2025
Pension Annuity Rulings Leave Attorneys Looking For Clarity
Benefits attorneys say they'll be watching the circuits, and perhaps the nation's highest court, for clarity after recent divergent decisions in cases accusing defense and aerospace manufacturer Lockheed Martin and aluminum giant Alcoa of violating federal benefits law by converting pension benefits into annuity insurance contracts.
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April 03, 2025
Optum, Express Scripts Want Judge Ousted From Opioid MDL
Pharmacy benefit managers Optum and Express Scripts say the Ohio federal judge overseeing multidistrict opioid litigation should recuse himself because he "regularly communicates" with plaintiffs' attorneys in the litigation and is biased in favor of plaintiffs, according to a motion filed Wednesday.
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April 03, 2025
Ubisoft Prevails In Privacy Suit Over Meta Pixel Data Sharing
A California federal judge has tossed a proposed class action accusing Ubisoft of unlawfully sharing website users' video viewing information with Meta, finding that the video game developer's privacy disclosures were granular and distinct enough to secure the plaintiffs' consent to the challenged data disclosure practices.
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April 03, 2025
6th Circ. Narrows Who Is 'Consumer' Under Video Privacy Law
A decades-old federal privacy law aimed at protecting people's video rental history doesn't cover a Paramount digital newsletter subscriber who says his data was unlawfully shared with Meta Platforms, a split Sixth Circuit ruled Thursday, determining the law only protects subscribers of audiovisual materials.
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April 03, 2025
Swedish Health Services Found Liable For Wage Violations
A Washington state judge has put Seattle-area hospital system Swedish Health Services on the hook for state wage law violations in an employee class action, finding workers were shortchanged by its timekeeping practices and failure to provide a second meal break on longer shifts.
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April 03, 2025
Ex-SunEdison Exec Gets 'Historic' $34.5M Deal In SOX Case
A former SunEdison Inc. executive scored a record-breaking $34.5 million settlement with SunEdison-sponsored yieldcos he once ran following a nearly decadelong legal battle and a finding that he was fired as retaliation in violation of the Sarbanes-Oxley Act for highlighting potential securities laws violations, his Hinckley Allen attorneys announced Thursday.
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April 03, 2025
Bigelow CEO Denies Deliberately Misleading Tea Buyers
The CEO of R.C. Bigelow repeatedly denied from a California federal court witness stand Thursday that her company deliberately misled consumers by labeling its teas as "manufactured in the USA 100%," saying that the phrase — which a judge has already found to be false — was well-intentioned.
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April 03, 2025
Alsup Calls Out Anthropic Over Missed Discovery Deadlines
U.S. District Judge William Alsup scolded Anthropic for again delaying discovery production in a proposed class action accusing the artificial intelligence startup of exploiting the copyrighted works of journalists and authors to train its large language model.
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April 03, 2025
DC Judge Skeptical White House Heeded Deportation Order
A D.C. federal judge on Thursday told a Justice Department lawyer there was a "fair likelihood" the Trump administration defied a court order blocking the use of a 1798 wartime law to deport Venezuelans.
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April 03, 2025
Home Depot Workers Must Pay $39K Costs In ERISA Suit
A Georgia federal judge has said Home Depot workers must pay more than $39,000 in legal fees to the home improvement retailer after the Eleventh Circuit affirmed a lower court's decision to end the Employee Retirement Income Security Act suit in Home Depot's favor in August.
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April 03, 2025
JPML Steers Pretrial Matters In OpenAI Copyright Fight To NY
The Judicial Panel on Multidistrict Litigation on Thursday decided to centralize the pretrial work for a series of copyright infringement and Digital Millennium Copyright Act lawsuits against OpenAI in New York federal court.
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April 03, 2025
Georgia Credit Union Hit With DACA-Recipient Bias Suit
The Credit Union of Georgia was hit with a proposed class action in federal court on Thursday by a Deferred Action for Childhood Arrivals recipient who claims the credit union uses immigration status as a basis to reject potential customers.
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April 03, 2025
Nestlé, Other Parent Cos. Freed From Baby Food Metals MDL
Overseas food giants Nestlé, Danone and Hero can exit a multidistrict litigation alleging baby food tainted with toxic metals caused children to develop autism, a California federal judge has ruled, but domestic subsidiaries who manufactured the products, such as Gerber, Nurture and Beech-Nut, must remain as defendants.
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April 03, 2025
Baby Food Suit Must Face Trial Or Calif. Panel, 9th Circ. Told
Plum Organics buyers urged the Ninth Circuit on Thursday to ask the California Supreme Court to clarify Golden State's deception-by-omission law, or reverse Plum's summary judgment win and send to trial the consumers' allegations that the baby-food-maker failed to disclose potential toxins in its baby food products.
Expert Analysis
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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.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Website Accessibility Ruling Leaves Circuit Split Unresolved
A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.
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The Fed. Circ. In October: Aetna And License-Term Review
The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.