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Consumer Protection
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March 04, 2025
Rite Aid Agrees To Pay $6.8M In Deal Over 2024 Data Breach
Rite Aid has agreed to a $6.8 million settlement to resolve proposed class action claims it failed to prevent a cyberattack that compromised over 2 million customers' highly sensitive information, offering up to $10,000 per claimant for documented losses, a preliminary approval order filed Tuesday in Pennsylvania federal court states.
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March 04, 2025
Agencies Have 'Ultimate' Authority Over Firings, OPM Says
The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."
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March 04, 2025
Scientific American Publisher Can't Ax Meta Pixel Privacy Suit
A New York federal judge refused to dismiss a putative class action accusing publisher Springer Nature America Inc. of violating the Video Privacy Protection Act by sharing Scientific American subscribers' video viewing data with Meta Platforms Inc. via a tracking pixel.
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March 04, 2025
Annoyed Judge Says No New Trial For CenturyLink
Telecommunications company CenturyLink's hopes of getting a new trial on claims that it illegally ran people's credit reports have been dashed after an Arizona federal judge said he has already explained "ad nauseum" that it doesn't make sense to make all 56,000 class members prove that they didn't want their credit pulled.
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March 04, 2025
House Aviation Panel Weighs Air Traffic Control Fixes
Aviation workers' unions and industry stakeholders told lawmakers on Tuesday that years of political inertia and more recent tumult related to the federal workforce firings are impacting efforts to hire more air traffic controllers and overhaul the nation's outdated and overburdened ATC system.
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March 04, 2025
DC Opposes RealPage Bid For Sanctions In Antitrust Case
The District of Columbia and its attorneys at Cohen Milstein are opposing a bid for sanctions from RealPage in the district's rental pricing case, contending they have support for allegations about the company not wanting to work with landlords that reject its price recommendations.
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March 04, 2025
Health Providers Fight To Keep MultiPlan Pricing MDL Alive
Healthcare providers targeting MultiPlan and several major insurers with horizontal price-fixing claims argued Monday an Illinois federal judge should let their multidistrict litigation proceed because the defendants simply constructed a "strawman" to convince him to toss it.
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March 04, 2025
Pool-Maker Hit With $25M Defect Verdict In Child's Drowning
A St. Louis federal jury has hit inflatables company Bestway USA Inc. with a $25 million verdict after finding its defectively designed above-ground pool was largely responsible for the drowning of a 2-year-old girl.
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March 04, 2025
Insurer Says Claims Of Illegally Tracked Info Erase Coverage
An insurer for a fertility treatment provider told an Illinois federal court that an exclusion on the disclosure of personal information precludes commercial general liability coverage for a lawsuit accusing the provider of unlawfully installing tracking technologies to collect website users' private information.
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March 04, 2025
Volkswagen Settling Drivers' Suit Over Turbocharger
Volkswagen and Audi drivers who claim their cars contained defective turbochargers have asked a New Jersey federal judge to preliminarily approve a proposed class settlement that would have the automaker cover as much as half of certain out-of-pocket expenses the vehicle owners paid during the first 85,000 miles.
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March 04, 2025
CFPB Says Ga. Enforcement Atty 'No Longer Employed' There
Another Consumer Financial Protection Bureau attorney, based out of the agency's Atlanta regional office, has left the bureau as it faces uncertainty under President Donald Trump's administration.
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March 04, 2025
Calif. PBM Opioid Suit Belongs In Federal Court, 9th Circ. Told
Pharmacy benefit managers Express Scripts Inc. and OptumRx Inc. urged the Ninth Circuit on Tuesday to require California to litigate its public nuisance claims over their opioid dispensing practices in federal court, arguing that allowing the state to litigate in state court would create a circuit split.
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March 04, 2025
Bored Ape NFT Maker, Crypto Co. Say SEC Threats Are Over
The crypto arm of trading firm DRW Holdings LLC and the company behind the celebrity-endorsed non-fungible token project known as the Bored Ape Yacht Club say that they are the latest in a string of digital asset firms to see the back of the U.S. Securities and Exchange Commission.
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March 04, 2025
2nd Circ. Mulls Blackmail Case's Effect On Fraud Conviction
Second Circuit judges looked tempted Tuesday to let Scott Tucker, who is incarcerated on charges that he ran a $2 billion payday lending scam, file a new appeal — after hearing that Tucker's trial counsel faced blackmail from an unrelated client during Tucker's $2 billion fraud trial.
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March 04, 2025
PBMs Ask 8th Circ. To Pause FTC's Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have asked the Eighth Circuit to pause the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices as they push their constitutional claims against the agency.
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March 04, 2025
CFPB Will Continue Litigating Debt Relief Co. Suit With NYAG
The Consumer Financial Protection Bureau told a New York federal judge it will continue appearing with a multistate coalition of attorneys general in a suit accusing financial services firm StratFS of running an illegal debt-relief enterprise, marking a change for the bureau that has been voluntarily dismissing cases.
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March 04, 2025
Reynolds Wrap Maker Must Face 'Made In The USA' Case
A New York federal judge declined to dismiss a proposed class action accusing the maker of Reynolds Wrap of misleading consumers with its "Made in U.S.A" label, saying the plaintiff properly alleged the statement led her to pay a premium price for the product.
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March 04, 2025
American Airlines Seeks Win In Suit Over In-Flight Death
American Airlines on Monday told a Texas federal judge that a suit brought by a woman over her son's death from a medical emergency on a flight should be denied because the teenager's death was not caused by an accident.
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March 04, 2025
FCC Dismisses Bid To Revisit Local Unbundling Rules
The Federal Communications Commission has dismissed a petition to restore local telecom unbundling rules, reiterating the agency's 2020 reasons for lifting a number of restrictions on local incumbents and restating that those limitations are no longer necessary.
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March 04, 2025
Tobacco Co. Settles Suit Over Use Of 'Juicy' Trademark
A tobacco accessories company has told an Arizona federal court that it has settled its suit against a Washington company that it alleged had infringed on its "Juicy" products trademark.
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March 04, 2025
Conn. Hospital Network Seeks Sanctions From Antitrust Class
Hartford HealthCare Corp. moved to sanction a proposed class of antitrust plaintiffs for asking a Connecticut judge to formally recognize a document exchange schedule privately agreed to by both sides, arguing that it should get attorney fees and costs for opposing the request.
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March 04, 2025
Movie Theaters Left Credit Card Info On Receipts, Suit Says
The Massachusetts owner of a small chain of movie theaters in Connecticut and Rhode Island left credit card expiration dates on customers' receipts in violation of federal law, a proposed class action filed Monday alleges.
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March 04, 2025
Colo. Biotech, Founders Owe SEC $14.3M Over Fraud Claims
A Colorado federal judge has ordered a biotech startup and two of its founders to pay the U.S. Securities and Exchange Commission roughly $14.3 million and barred them from serving as officers and directors of public companies after finding that they fraudulently raised over $10 million by overstating their own investments in the company.
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March 04, 2025
FCA Hit With Suit Alleging Power-Steering Pump Fire Risk
Automaker Fiat Chrysler was hit with a new proposed class action on Monday alleging it sold Jeep vehicles with defective power-steering pump electrical connectors that increase the risk of spontaneous fires, adding that the issue has led to at least one death.
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March 04, 2025
Lead Testing Operations Chief To Admit Misbranding Charge
The former chief operating officer of Magellan Diagnostics will admit to defrauding the public by hiding flaws in the company's lead testing devices for years, according to a filing in Massachusetts federal court.
Expert Analysis
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Assessing Gary Gensler's Legacy At The SEC
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.
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What Public View Of CEO's Killing Means For Corporate Trials
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.
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A Defendant's Guide To 4 Common CFPB Discovery Tactics
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.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
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.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
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.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
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.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
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.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
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.
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Mentorship Resolutions For The New Year
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.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
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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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.