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Class Action
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February 19, 2025
3rd Circ. Hints County's Probation Detainers Need Scrutiny
Civil rights advocates told the Third Circuit that Allegheny County, Pennsylvania, is jailing defendants for probation violations too hastily, and the panel appeared open Wednesday to reviving a lawsuit against several county judges for more developments.
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February 19, 2025
Class Action Group Of The Year: WilmerHale
WilmerHale helped Norfolk Southern navigate a wave of class actions over the fiery derailment and chemical spill in East Palestine, Ohio, shepherding it to a $600 million settlement resolving claims for a class of nearly half a million people and earning the firm a spot among the 2024 Law360 Class Action Groups of the Year.
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February 19, 2025
Blue Cross Of NC Finalizes $1.67M TCPA Deal Over Robocalls
A North Carolina federal judge has given her final seal of approval to a $1.67 million settlement with Blue Cross and Blue Shield of North Carolina and a UnitedHealth Group unit over claims they inundated consumers with prerecorded calls without their consent.
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February 19, 2025
Amazon, Supermarket Latest Targets Of Lie Detector Litigation
Amazon and New England supermarket chain Market Basket are the latest two companies to face accusations of flouting a nearly 40-year-old Massachusetts law that requires notice to jobseekers that the use of lie detectors in employment decisions is illegal in the Bay State.
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February 18, 2025
Google Can't Stop Mass Arbitration Opt-Outs In Privacy Row
A California federal judge has refused to block more than 69,000 consumers from opting out of a certified class action over the audio recording practices of Google's home devices in order to pursue their claims in individual arbitration, finding that the claimants had properly excluded themselves from the dispute.
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February 18, 2025
Equifax Can't Duck Employment Verification Monopoly Claims
A Pennsylvania federal judge on Tuesday refused to throw out a proposed class action accusing Equifax of monopolizing the income and employment verification market, rejecting Equifax's argument that plaintiff Greystone Mortgage hasn't plausibly alleged that Equifax engaged in anticompetitive conduct.
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February 18, 2025
Amazon Says Stalking Happened Before It Linked With Tile
Amazon has asked a California federal court to throw out a proposed class action alleging that Bluetooth tracking devices sold via a partnership with Tile Inc. are dangerous because they empower stalkers, saying Amazon "played no role whatsoever" in the alleged conduct, which happened before Tile started working with it.
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February 18, 2025
Coinbase Brass Face Investor Suit Over Firm's Legal Liabilities
A Coinbase shareholder has sued the crypto exchange's executive officers and board members in New Jersey federal court on allegations they breached their fiduciary duties with disclosure failures and securities law violations that left the firm open to lawsuits and other events that jeopardized its financial condition to the detriment of shareholders.
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February 18, 2025
Wells Fargo Fights Class Cert. Bid In 'Sham' Hiring Case
Wells Fargo & Co. is seeking to avoid class claims in a lawsuit accusing it of deceiving investors about its hiring practices, arguing that suing shareholders have not shown how a downturn in the bank's stock price was caused by the supposedly "sham" job interviews rather than a challenging interest rate environment.
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February 18, 2025
Discover Can't Get Judge To Rethink Decision In Risk Case
A New York federal judge will not rethink her decision denying Discover a quick win in a lawsuit over whether it and several other credit card companies conspired to dump fraud risk onto retailers, ruling that the suing retailers can continue their claims.
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February 18, 2025
IPhone Buyers Can't Get Apple DOJ Docs Before Discovery
Apple doesn't have to turn over the millions of documents it gave the U.S. Department of Justice as part of a private monopolization suit brought by iPhone and Apple Watch buyers, at least not until discovery, a judge overseeing the recently created multidistrict litigation has said.
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February 18, 2025
Campbell Drivers' NC Claims Preempted, Court Told
Claims under North Carolina state law by a proposed class of Campbell Soup Co. drivers who alleged they were misclassified as independent contractors instead of employees must be tossed because they're preempted by the federal law, the food giant argued Tuesday.
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February 18, 2025
Web Data Co. Hid Customer Usage Slowdown, Suit Says
Web data collection solutions company Alarum has been hit with a proposed shareholder class action in New Jersey federal court alleging the company failed to disclose its struggles in keeping and expanding customer engagements, which led to reduced customer spending.
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February 18, 2025
Gas Co. Venture Global Faces Suit Over IPO Disclosures
Liquefied natural gas company Venture Global was hit with a proposed class action alleging the company raised $1.75 billion in its initial public offering last month without disclosing legal issues it is facing from oil companies Shell and BP.
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February 18, 2025
Meta Repeats Push To Halt Social Media Coverage Row In Del.
Meta urged a Delaware federal court again to stay coverage proceedings over underlying claims it deliberately designed its platforms to be addictive to adolescents, noting the Judicial Panel on Multidistrict Litigation may soon transfer the case to California federal court, where the underlying litigation is taking place.
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February 18, 2025
Torrent Of Eaton Fire Suits Call For Organization, Judge Says
A Los Angeles judge said Tuesday that discovery into the cause of last month's devastating Eaton Fire should wait until dozens of related suits against Southern California Edison have been organized and can "proceed efficiently and fairly."
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February 18, 2025
Colo. Property Owner Sued For Substandard Conditions
A proposed class of Denver tenants has claimed in Colorado state court that property manager Centerspace LP neglected its apartment building to the point that it became uninhabitable over the previous three years.
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February 18, 2025
Penn State Inks 'Largest Ever' COVID Tuition Deal For $17M
The Pennsylvania State University will pay $17 million in what the plaintiffs' attorneys have called the biggest settlement of pandemic-related tuition class action claims to date, and the firms representing the students are taking home $5.7 million in attorney fees after a federal judge granted final settlement approval Tuesday.
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February 18, 2025
Vanguard Investors Object To $40M Settlement Proposal
A handful of the investors claiming Vanguard breached its fiduciary duty when it triggered an asset sell-off that stuck them with big tax bills objected to a proposed $40 million settlement, with some saying attorneys in the underlying class action could get too much money for making the deal.
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February 18, 2025
Class Action Group Of The Year: Quinn Emanuel
Quinn Emanuel Urquhart & Sullivan LLP counseled Hyundai and Kia in the face of consumer claims related to a TikTok trend involving vehicle thefts and attained a $580 million settlement for a proposed class of investors in a collusion dispute with major banks, earning it a top spot among the 2024 Law360 Class Action Groups of the Year.
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February 18, 2025
Proposed Tweaks To Del. Chancery Law Ignite DExit Firestorm
Stockholder attorneys in Delaware pushed back immediately against two state Senate measures that would amend corporation law provisions at the center of recent debate over shareholder class lawsuits, big court awards and recent corporate moves to purportedly more business-friendly states such as Texas and Nevada.
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February 18, 2025
Boston Children's Hospital Settles Retirement Plan Fee Suit
Boston Children's Hospital has settled a suit with a proposed class of participants in its $1.1 billion retirement plan who alleged the hospital allowed excessive fees.
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February 14, 2025
Judge Slams The Brakes On Peloton Bike Recall Claims
A New York federal judge threw out, for now, a proposed investor action alleging Peloton overstated the safety of its bikes before 2.2 million products were recalled over a bike seat defect, ruling that the shareholders haven't adequately alleged the exercise company made any misleading statements.
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February 14, 2025
Almost Everyone Hates The Judiciary's Amicus Rule Revamp
Policymakers for the federal judiciary Friday did what often seems impossible in a polarized nation, uniting powerful advocates for defense counsel, trial lawyers, corporations and consumers on a controversial issue. Unfortunately for the policymakers, those advocates were united by antipathy for major rule changes affecting amicus brief filers.
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February 14, 2025
Carnegie Mellon Inks $4.8M Pandemic Tuition, Fees Settlement
Carnegie Mellon University will pay $4.8 million to settle claims that it should have refunded tuition and fees to students whose classes were moved online at the outset of the COVID-19 pandemic, according to a proposed class action settlement submitted to a Pittsburgh federal court for preliminary approval Friday.
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.