Consumer Protection

  • January 02, 2025

    Southern Comfort Malt Liquor Buyers Score False Ad Cert.

    A New York federal judge certified a class of Southern Comfort customers alleging Sazerac Co. deceptively labeled its malt beverage products, but declined to allow one plaintiff to serve as class representative, finding Thursday he lied in interrogatory answers and "appeared not to know the basic premise of the case."

  • January 02, 2025

    Meta Seeks To Pause Social Media MDL Coverage Fight

    Meta has urged a California federal court to find that its insurers cannot yet litigate to attempt to avoid covering thousands of pending lawsuits accusing the social media giant of deliberately designing its platforms to be addictive to adolescents, arguing that the coverage issues overlap with issues in the underlying cases.

  • January 02, 2025

    Epic Tells 9th Circ. Google's Legal 'Reckoning Long Overdue'

    Epic Games Inc. has slammed Google's Ninth Circuit appeal of an injunction requiring the tech giant to open up its Android Play Store to rival app distributors, defending the ruling and a jury's liability verdict and arguing that Google's appeal is a meritless attempt to avoid a "reckoning long overdue."

  • January 02, 2025

    Rep. Jordan Picks Wis. Lawmaker For House Antitrust Panel

    Republicans are moving to install a frequent critic of President Joe Biden's Federal Trade Commission at the head of the House of Representatives' antitrust subcommittee, naming Rep. Scott Fitzgerald, R-Wis., to the post Tuesday.

  • January 02, 2025

    ERISA Can't Shield Packaging Co. From Genetic Privacy Suit

    A food packaging company must face a former employee's lawsuit claiming it unlawfully asked about her family medical history, an Illinois federal judge ruled, saying the claims weren't preempted by federal benefits law because it wasn't clear a corporate wellness plan was involved.

  • January 02, 2025

    Uber Can't Hold Off Seattle Driver Deactivation Law

    A Washington federal judge denied Uber's bid to temporarily bar the city of Seattle from enforcing new app-based worker account deactivation rules against it, finding the day before the challenged ordinance took effect that the company is unlikely to succeed in its claims of a First Amendment violation.

  • January 02, 2025

    Amazon Gets Zulily's Antitrust Suit Trimmed, For Now

    A Seattle federal judge trimmed a lawsuit brought by now-defunct online retailer Zulily that accuses Amazon of using its monopoly power to shut out competition from other online retailers, tossing conspiracy and state consumer protection law claims, but allowing Zulily to rework its complaint.

  • January 02, 2025

    Amazon Says FTC Stalling Discovery In Prime Sign-Up Suit

    Amazon said the Federal Trade Commission is stonewalling discovery efforts vital to showing that the agency knew a federal law protecting online shoppers from deceptive billing practices was vague, in an enforcement action accusing the e-commerce giant of duping customers onto signing up for Prime subscriptions.

  • January 02, 2025

    Tempur Sealy Ups Floor Space Promise In FTC Merger Case

    Tempur Sealy is increasing its commitments to preserve floor space for rivals' mattresses in Mattress Firm stores, attempting to beat the Federal Trade Commission's merger challenge by extending the current floor space "slot" distribution after a Texas federal judge noted that prior commitments were below current allotments.

  • January 02, 2025

    Apple Reaches $95M Privacy Deal With Millions Of Siri Users

    A proposed class of tens of millions of Apple customers asked a California federal judge to approve a $95 million settlement that would end the litigation accusing the tech company of privacy violations over its voice-activated software Siri eavesdropping on conversations. 

  • January 02, 2025

    NJ Panel Tosses Honda CR-V Product Defect Suit

    A 2016 Honda CR-V was not defectively designed because it lacked some available driver-assistance technologies, which were not mandated by state or federal law, a New Jersey appellate panel said Thursday in dismissing with prejudice a plaintiff's product liability and negligence claims arising from a fatal crash.

  • January 02, 2025

    Colo. AG Launches 2026 Bid For Governor

    Colorado Attorney General Philip J. Weiser, a former law school dean who served in the U.S. Department of Justice's Antitrust Division, on Thursday announced his bid to become the state's next governor in 2026.

  • January 02, 2025

    Crypto Scam Victim Says Fraudsters' Banks Ignore Red Flags

    A California man who says he lost nearly a million dollars to a crypto "pig butchering" scam sued the alleged fraudsters and their banking partners, claiming the financial institutions ignored red flags and failed to conduct basic checks that would have revealed the scammers' actual business.

  • January 02, 2025

    Aetna Sues Drugmakers In Conn., Alleging Generics Price-Fixing

    Health insurer Aetna has sued 23 drugmakers, including Novartis and Pfizer, over an alleged scheme to fix the prices of 111 generic medications, citing information gleaned from a congressional probe, lawsuits by state attorneys general, a Pennsylvania multidistrict litigation proceeding, and U.S. Department of Justice findings.

  • January 02, 2025

    Beasley Allen Aims To Toss Suit From Ex-Ally Firm

    Beasley Allen has called on a Mississippi federal court to dismiss or transfer a defamation and breach of contract lawsuit from The Smith Law Firm PLLC over their joint venture agreement for talc litigation against Johnson & Johnson, arguing the case should be tossed in favor of its own suit filed earlier in Alabama.

  • January 02, 2025

    Ga. County Sues 3M, Daikin To Remove PFAS From Landfill

    A Georgia county has filed a lawsuit against 3M Co., Daikin America Inc. and several other manufacturers and users of so-called forever chemicals, alleging the sale and use of the toxic chemicals in carpet manufacturing has caused a "public-health crisis" across the northwestern part of the state.

  • January 02, 2025

    6th Circ. Overturns FCC Net Neutrality Rules

    The Sixth Circuit upended the Federal Communications Commission's net neutrality rules Thursday, holding that commercial broadband providers cannot be regulated as telecommunications common carriers.

  • January 01, 2025

    Five Massachusetts Cases To Watch In 2025

    Massachusetts will be at the forefront of significant litigation on multiple fronts, including a landmark gun case before the nation's top court, antisemitism claims on the campus of the nation's oldest university, and an executive fighting back after largely defeating charges in the "Varsity Blues" college admissions scandal.

  • January 02, 2025

    The Top Property Insurance Cases To Watch In 2025

    Two cases that could change the policies offered by California's insurer of last resort and a forthcoming Hawaii Supreme Court decision on a $4 billion wildfire settlement are among the top property insurance suits to follow in the new year. Here, Law360 looks at five cases that practitioners should note in 2025.

  • January 01, 2025

    The Top 5 High Court Cases To Watch This Spring

    The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.

  • January 01, 2025

    Trump Begins 2nd Term With At Least 45 Judge Seats To Fill

    Incoming President Donald Trump will take office Jan. 20 with 45 seats on the federal bench to fill. Currently, there are 39 empty seats on U.S. district and circuit courts and 6 pending vacancies due to announced retirements and plans to take senior status, three of which opened on Dec. 31 and another that opened Jan. 2.

  • January 01, 2025

    Personal Injury, Medical Malpractice Cases To Watch In 2025

    A pending U.S. Supreme Court ruling over the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule on so-called ghost guns and Pennsylvania's top court's possible invalidation of a government injury damages cap are among the cases injury and malpractice attorneys will be following in 2025.

  • January 01, 2025

    Google, Meta In The Antitrust Crosshairs For 2025

    The U.S. Department of Justice and the Federal Trade Commission enter 2025 with an unusual distinction on the horizon: Both will spend April in D.C. federal court against technology giants as the DOJ seeks to break up Google and the FTC kick-starts a monopolization trial against Meta Platforms.

  • January 01, 2025

    What Banking Attorneys Are Watching In The Courts In 2025

    Lawsuits pushing back on novel state-level consumer protection laws and a host of Biden-era Consumer Financial Protection Bureau regulatory actions are top of mind for financial services attorneys heading into the new year. Here, Law360 previews what's on tap. 

  • January 01, 2025

    'Profound Shift' Forecast For Crypto Enforcement In 2025

    The crypto industry is heading into 2025 with hopes that new leadership at federal agencies under President-elect Donald Trump will ease off an enforcement agenda that has pressed issues of where regulatory authority lies and return to a focus on fraud, while federal appeals courts have a chance to establish keystone rulings for the sector.

Expert Analysis

  • Opinion

    Feds May Have Overstepped In Suit Against Mortgage Lender

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    The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    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.

  • The AI Consumer Class Action Threat Is Not A Hallucination

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    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.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • The Do's And Don'ts Of Commercial Debt Under Calif. FDCPA

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    Lenders, servicers and attorneys collecting on their behalf should pay careful attention to the consumer protections under the newly expanded California Rosenthal Fair Debt Collection Practices Act that may apply going forward to some commercial debts, say attorneys at Womble Bond.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    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.

  • Video Privacy Law Claims After 2nd Circ. NBA Ruling

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    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.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    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.

  • OCC Recovery Guidance Can Help Banks Bounce Back Better

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    The Office of the Comptroller of the Currency's recently finalized recovery guidelines add to the constellation of exercises that larger banks must undertake, while also aiding information-gathering and preparedness efforts that can help prevent — or better manage — bank failures, say attorneys at Davis Wright.

  • EPA's New Lead Pipe Rule Leaves Key Questions Unanswered

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    The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.

  • What To Expect From State AGs As Federal Control Changes

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    Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    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.

  • 3 Policyholder Lessons From NY Bad Faith Ruling

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    A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.

  • Class Actions At The Circuit Courts: November Lessons

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    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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