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Class Action
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March 21, 2025
Barclays Beats Investor Suits Over Unregistered Securities
A New York federal judge tossed Friday a pair of proposed securities class actions alleging Barclays misled investors about its internal controls and its unregistered securities sales, which eventually triggered so-called short squeezes, finding that the statements aren't actionable and the investors haven't sufficiently pled scienter, among other pleading failures.
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March 21, 2025
Chancery Nixes Mid-Case Appeal In Sears Appraisal Suit Fix
A Delaware vice chancellor refused on Friday to certify a mid-case appeal sought by bankrupt Sears Hometown Stores and its billionaire controller after a Court of Chancery ruling that an investor should get a full $4.06 per share post-squeeze-out merger award despite pursuing an alternative stock appraisal that was dead-ended by bankruptcy.
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March 21, 2025
Aircraft Parts Co. Moves Facility Fire Case To Federal Court
Aircraft parts manufacturer SPS Technologies LLC has moved litigation over the effects of its Abington Township, Pennsylvania, parts warehouse explosion and fire to federal court from the Philadelphia County Court of Common Pleas, arguing that federal jurisdiction is proper because its parent company is in Oregon.
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March 21, 2025
Justice Dept. Wants To Sub In For Trump In Jan. 6 Riot Cases
The U.S. Department of Justice has asked a Washington, D.C., federal court to allow it to take the place of President Donald Trump in suits brought by federal lawmakers and Capitol police officers over the Jan. 6, 2021, insurrection at the U.S. Capitol, arguing that the cases center on actions he took as a federal employee.
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March 21, 2025
Judge Vows To Find Out If Deportation Order Was Violated
A D.C. federal judge demanded to know how the Trump administration understood his verbal order that deportation flights headed to El Salvador be turned back last week, vowing to "get to the bottom of" whether his order was violated and what the consequences will be, in a hearing Friday.
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March 21, 2025
Amazon Beats Consumer's Suit Over Late Delivery Again
A Washington federal judge on Friday permanently threw out a proposed class action accusing Amazon of breaking scheduled delivery promises, finding that the e-commerce giant did not engage in deception by requiring customers to request shipping fee refunds for packages that arrive after a guaranteed time.
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March 21, 2025
ICE's 'No Release Policy' Is Back In Effect, Attys Say
Attorneys representing noncitizens who successfully challenged the New York Field Office for Immigration and Customs Enforcement's policy of detaining virtually every noncitizen it arrested told a Manhattan federal judge that the so-called no release policy is back in place.
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March 21, 2025
Divisive Del. Corporate Law Bill May Get Compromise Tweak
A Delaware state representative reported active interest Friday in possible "opt-in" requirements for proposed changes to the section of Delaware's general corporation law pertaining to potentially conflicted business transactions and controlling investors.
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March 21, 2025
Novartis Urges Court To Make FDA Block Entresto Generic
Novartis says the U.S. Food & Drug Administration has made a drug marketing exclusivity window "meaningless" and wants a D.C. federal judge to block a rival from selling a generic drug that would compete with its blockbuster heart medication Entresto.
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March 21, 2025
Immigration Suits You May Have Missed: A Roundup
Litigation developments in immigration cases have been dominating the news cycle, including cases over deportations of Venezuelans, a pro-Palestinian activist's habeas petition and a challenge to a Biden-era asylum rule. With cases moving at lightning speed, Law360 is providing a rundown of developments that may have been missed over the past week.
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March 21, 2025
Push To Deport Cornell Student Likely Retaliation, Attys Say
Attorneys for a Cornell University graduate student challenging two of President Donald Trump's executive orders said on Friday the U.S. Department of Justice indicated overnight that immigration officials want to detain and deport their client, a move the attorneys suggest is retaliatory.
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March 21, 2025
Buyers' Gripe Is With Timber Sector, Not Charmin, P&G Says
A false advertising lawsuit accusing Procter & Gamble of overhyping the forest-friendly bona fides of Charmin toilet paper should be dismissed, the company told a Washington federal judge, arguing that the buyers' suit is misdirected at P&G when their actual disappointment is with the "forestry industry."
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March 21, 2025
How King & Spalding Helped LGBTQ+ Vets Win Back Benefits
More than a decade after the U.S. Department of Defense repealed its "don't ask, don't tell" policy, which kept LGBTQ+ troops in the closet, veterans who were kicked out for their sexual orientation have continued to suffer the effects of a scarlet letter placed on their discharge papers.
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March 21, 2025
Loan Servicer Faces 'Zombie Mortgage' Truth In Lending Suit
A mortgage loan servicer that allegedly tried to charge a North Carolina borrower $160,000 for a mortgage he discharged in bankruptcy during the Great Recession got hit with a proposed federal class action accusing it and a trust that purportedly attempted to foreclose his house of violating the Truth in Lending Act.
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March 21, 2025
No 'Cosmic Coincidence,' Atty Suggests In Peet's Privacy Suit
Counsel for a digital marketing company on Friday urged a California federal judge to reject a class certification bid in a suit accusing it and Peet's Coffee of unlawfully tracking internet users' browsing activity, accusing a would-be lead plaintiff of trying to intentionally trigger the tracking to become a class representative.
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March 21, 2025
Aerospace Co. Workers' 401(k) Suit Lacks Details, Judge Says
An aerospace technology company dodged a proposed class action Friday alleging its employee retirement plan was loaded with costly and underperforming investment options, with a California federal judge finding the workers leading the suit needed to provide more information about supposedly comparable plans.
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March 21, 2025
Block & Leviton, Elsberg To Co-Lead Agiliti Squeeze-Out Suit
Block & Leviton and Elsberg Baker & Maruri have won co-lead counsel roles in a consolidated proposed investor class action in Delaware's court of chancery challenging an alleged squeeze-out of minority shareholders of medical equipment company Agiliti Inc.
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March 21, 2025
Evenflo To Pay $3.5M In Booster Seat MDL Settlement
Parents who purchased "Big Kid" vehicle booster seats are asking a Boston federal judge to grant preliminary approval on a $3.5 million deal that would end multidistrict litigation against baby product maker Evenflo Co., which was accused of overstating the safety of its boosters.
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March 21, 2025
Boutique Firm Accuses IRS Of Illegally Enforcing Payroll Tax
A consumer-protection boutique law firm accused the IRS of illegally enforcing payroll taxes while delaying the processing of pandemic-era employee retention tax credits, which the firm claimed would have helped with compliance, according to a complaint in Connecticut federal court.
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March 21, 2025
Ex-Hess Worker Sees Some Claims Trimmed In 401(k) Suit
A Texas federal judge kept alive Friday a former Hess Corp. worker's suit claiming the business irresponsibly retained high-cost investment funds in its $1 billion 401(k) plan, but nixed some allegations based on flimsy assertions that similar but cheaper funds existed in the market.
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March 21, 2025
Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep
In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.
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March 21, 2025
Imerys Insurers Want Italian Subsidiary's Ch. 11 Tossed
A foreign affiliate of bankrupt talc miner Imerys does not qualify for Chapter 11 protection, a group of insurance carriers have told the Delaware bankruptcy court, urging it to dismiss the subsidiary's recent bankruptcy petition.
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March 21, 2025
Musk Atty Spiro Evading Subpoena, Twitter Investors Say
A class of investors suing Elon Musk over allegations he tried to smear Twitter to lower the price of his $44 billion acquisition of the site says one of Musk's Quinn Emanuel Urquhart & Sullivan LLP attorneys and close advisers has refused to accept service of a subpoena to be deposed and should be served by alternative means.
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March 21, 2025
Judge Accused Of Bias Expresses Regret Over MDL Remarks
The chief judge of the Eleventh Circuit has dismissed a judicial ethics complaint alleging that a Florida federal judge had shown impermissible bias in favor of women leading the multidistrict litigation over the hormonal contraceptive drug Depo-Provera, after the judge said she "regrets any misunderstanding" and took steps to address the issue.
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March 21, 2025
Colo. Health System Incorrectly Calculates OT, Workers Say
A Colorado healthcare system failed to account for the extra pay employees earn when working on holidays when calculating their overtime rates, a proposed class action removed to federal court said.
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.