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Consumer Protection
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January 02, 2025
DC Kept Disabled People In Restrictive Care Too Long: Ruling
After 15 years of litigation, a D.C. federal judge ruled this week that the District of Columbia has been violating a federal law that prohibits the segregation of people with disabilities by refusing to remove people from Medicaid-funded nursing homes into less restrictive forms of care.
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January 02, 2025
NTIA Clarifies Use Of Broadband Funds For Alternative Techs
The National Telecommunications and Information Administration has dropped more information to make the way forward clearer for states that want to use their federal broadband dollars to fund alternative means of connecting people, such as satellites.
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January 02, 2025
Stanley Cup Maker Sued Over Alleged Lid Hazard
The Seattle-based maker of the trending Stanley-brand tumbler has been hit with a proposed class action in Washington federal court by a New York consumer accusing the manufacturer of failing to adequately compensate customers for a lid defect that led to the recall of 2.6 million travel mugs.
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January 02, 2025
DC Allowed To Resubmit AvalonBay Rent-Fixing Claims
The District of Columbia will get another chance to tweak its claims against landlord AvalonBay Communities and see if the changes are enough to prop up allegations that it has been using the property management platform RealPage to fix the price of rentals.
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January 02, 2025
DOJ Joins FTC Suit Against Fintech Lender Dave
The U.S. Department of Justice has taken the reins in the Federal Trade Commission's suit against fintech app Dave and added its CEO as a defendant, while the mobile banking platform decried the updated complaint as "a continued example of government overreach."
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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."
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Inside FTC's Decision To Exit Key Merger Review Labor Memo
Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.
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FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight
The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Understanding New ACH Network Anti-Fraud Rules
Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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CFPB School Lunch Focus Could Expand E-Payment Scrutiny
The Consumer Financial Protection Bureau's recent spotlight on payment processing systems used to add funds to school lunch accounts shows its continued ambitions to further expand its supervisory power in the payments industry, all the way down to the school lunch market, says Tom Witherspoon at Stinson.
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Opinion
Rental Price-Fixing Suit Against RealPage Doesn't Add Up
Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.