Consumer Protection

  • March 06, 2025

    9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case

    A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."

  • March 06, 2025

    Pfizer Failed To Warn Of Depo-Provera's Tumor Risk, Suit Says

    A woman who claims she developed a brain tumor after years of taking the contraceptive Depo-Provera is suing Pfizer and other pharmaceutical companies who manufacture the drug, claiming in Washington federal court they failed to tell patients of the danger even though it is standard on warning labels in Europe and Canada.

  • March 06, 2025

    Kroger Can't Escape Baby Food Metal Claims

    An Ohio federal judge on Wednesday allowed consumers' claims to go forward in a proposed class action against Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, saying the allegations didn't amount to a "shotgun pleading."

  • March 06, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Believe it or not, there's still important litigation happening that doesn't involve President Donald Trump, and the proof exists in this month's circuit court calendars. During the remaining weeks of March, arguments will explore numerous high-profile topics, including a law firm's severe punishment for alleged misconduct in 9/11 litigation and a judicial rebuke of Trader Joe's for "an attempt to weaponize the legal system."

  • March 06, 2025

    CFPB Pulls Plug On Acima Suit In Latest Enforcement Retreat

    The Consumer Financial Protection Bureau's purge of its enforcement docket continued Thursday as the agency dropped a predatory lending lawsuit against Acima, a fintech lease-to-own company and affiliate of Rent-A-Center.

  • March 06, 2025

    Comerica Demands To Face Music In CFPB Suit Amid Stay Bid

    Comerica Bank has urged a Texas federal judge to reject the Consumer Financial Protection Bureau's request for a stay of its lawsuit accusing the bank of mismanaging a government benefit card program, arguing the delay lacks "any legal justification" and would harm the bank.

  • March 06, 2025

    Atlanta Bread Supplier Wants Data Breach Suit Tossed

    An Atlanta-based company that produces and distributes custom breads to national food chains and food service companies moved Wednesday to dismiss a class action lawsuit brought against it for a 2024 data breach that allegedly exposed the personal information of more than 10,000 people.

  • March 06, 2025

    Dems Tell DOJ Musk May Be Strong-Arming X Advertisers

    Democratic lawmakers led by Sens. Elizabeth Warren, D-Mass., and Cory Booker, D-N.J., have warned the U.S. Department of Justice and the Federal Trade Commission that billionaire Elon Musk might be using his position in the Trump administration to bully companies that advertise on his social media platform, X.

  • March 06, 2025

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates more than 50 times in February about their priorities, including opening valuable airwaves for 5G, clearing hurdles to rural broadband, and pushing T-Mobile's $4.4 billion deal to take over UScellular's wireless operations.

  • March 06, 2025

    Democrats Seek Clampdown On FCC 'Weaponization'

    House and Senate Democrats are going after what they're calling President Donald Trump's "weaponization of the FCC" with a pair of bills that would prevent the agency from revoking the licenses of television or radio stations based on the viewpoints they air.

  • March 06, 2025

    Music Streaming Lyrics Co. Hits Rival With $1B Antitrust Suit

    LyricFind Inc. slapped Musixmatch SpA with a $1 billion antitrust lawsuit in California federal court, calling the rival a monopolist in the market for providing lyrics to digital services companies like Spotify and saying Musixmatch inked a deal with Warner Chappell Music Inc. that essentially pushes LyricFind and others out of the market.

  • March 06, 2025

    FCC Wants To Change 911 Vertical Location Accuracy Rules

    The Federal Communications Commission wants to strengthen its vertical accuracy requirements when it comes to 911 location accuracy, a move that the agency's new head says will make it easier for first responders to know exactly what floor a call is coming from.

  • March 06, 2025

    First Liberty Settles $1M House Fire Suit Against LG

    LG Electronics has settled an insurance company's lawsuit seeking to recoup a $1 million payout on a claim it paid out stemming from a house fire allegedly caused by a faulty microwave.

  • March 06, 2025

    Apple Tells DC Circ. Google Search Fixes Change Incentives

    Apple has told the D.C. Circuit that it did not know the U.S. Department of Justice would go as far as it did with its proposed fixes in the Google search antitrust case, and it moved to intervene as soon as it became clear the two companies have opposing interests under the government's proposal.

  • March 06, 2025

    Citi's Appeal Gamble Is A Loser For All, NY AG Says

    New York's attorney general has urged a Manhattan federal judge to deny Citibank's bid to appeal the judge's decision allowing the state's wire transfer fraud protection case against the bank to proceed, arguing that an immediate appeal would not benefit any party, even the bank.

  • March 06, 2025

    Veterans Slam BofA's 'Recycled' Defense In Interest Cap Suit

    Veterans have opposed Bank of America's bid to toss their proposed class claims accusing the financial giant of violating an interest cap law for military service members, arguing its "recycled" defenses were already rejected in a similar suit in the same North Carolina federal court.

  • March 06, 2025

    Ga. Attys Fight Bid To 'Hijack' $44M Realtor Settlement

    Attorneys hoping to finalize a $44 million class action settlement in Georgia with four real estate brokerages urged a federal judge Thursday to reject a bid to "hijack" their litigation by the lawyers behind the series of landmark settlements with the National Association of Realtors and various brokerages over their fee inflation practices.

  • March 06, 2025

    The Antitrust Litigation Surrounding NAR's Industry Rules

    A year and a half after a Missouri federal jury found that the National Association of Realtors inflated fees for home sellers, the Eighth Circuit is evaluating a series of settlements in wake of the decision while the Justice Department pursues its own antitrust investigation with a court's blessing.

  • March 06, 2025

    Attys Seek $30M Fees In Walgreens Rx Overcharge Deal

    Attorneys for unions and consumers who struck a $100 million settlement of Walgreens prescription overcharge fee claims asked an Illinois federal judge for a $30 million cut of that pot, arguing the amount would pay for seven years of meaningful work they put into the case.  

  • March 06, 2025

    UK Authorities Clear Amex GBT's $570M CWT Buy

    United Kingdom antitrust authorities gave the formal all-clear Thursday to American Express Global Business Travel Inc.'s planned $570 million purchase of CWT Holdings LLC, leaving a Justice Department lawsuit the only hurdle remaining for the corporate travel management services merger.

  • March 06, 2025

    FDA Nominee Hedges On Job Cuts, Abortion Drug In Hearing

    The nominee to lead the U.S. Food and Drug Administration, Dr. Marty Makary, repeatedly hedged about whether he would reconvene a flu vaccine committee, maintain access to the abortion drug mifepristone or control future job cuts during his confirmation hearing in front of a Senate panel on Thursday. 

  • March 06, 2025

    Senate Panel Backs McKernan For CFPB, 3 Other Trump Picks

    A U.S. Senate panel on Thursday advanced President Donald Trump's nomination of Jonathan McKernan to head the Consumer Financial Protection Bureau, setting him up for likely confirmation to the beleaguered agency.

  • March 05, 2025

    Utah Poised To Be 1st To Require App Stores To Verify Ages

    Utah lawmakers on Wednesday sent to the governor's desk first-of-its-kind legislation that would require app stores such as the ones operated by Apple and Google to verify users' ages and block those who are under 18 from downloading apps or making in-app purchases without parental consent. 

  • March 05, 2025

    Indirect Chicken Buyers' $41.3M Price-Fixing Deal Gets Initial OK

    An Illinois federal judge gave his initial signoff Wednesday to more than $41 million in settlements between major chicken producers and indirect chicken buyers who accused them of illegally conspiring to fix prices, calling the proposal a substantial recovery to otherwise risky litigation.

  • March 05, 2025

    Chrysler Sold Jeeps With Batteries That Catch Fire, Suit Says

    Newer-model plug-in hybrid Jeep Wranglers can catch fire due to a defect in its high-voltage battery, according to a proposed class action filed in Michigan federal court that accuses Fiat Chrysler America of concealing the problems.

Expert Analysis

  • High Court Could Further Limit Deference With TCPA Fax Case

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    The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.

  • Future Of Crypto-Asset Classification Is In 2nd Circ.'s Hands

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    A definitive ruling from the Second Circuit in a rare interlocutory appeal in the U.S. Securities and Exchange Commission's ongoing court battle with Coinbase could finally establish clear guidelines on the classification of digital assets, influencing how they are regulated and traded in the U.S., say attorneys at Manatt.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Overseas Investment Rule Calls For Compliance Caution

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    Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.

  • Assessing Gary Gensler's Legacy At The SEC

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    Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • A Defendant's Guide To 4 Common CFPB Discovery Tactics

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    With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

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    The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar

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    A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.

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