A split Fourth Circuit on Thursday reversed the class certification of borrowers who accused Rocket Mortgage of inflating their home values, finding that not all potential class members could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion.
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MONDAY, JANUARY 27, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

4th Circ. Unwinds Rocket Mortgage Borrowers' Class Cert.

By Lauren Berg

A split Fourth Circuit on Thursday reversed the class certification of borrowers who accused Rocket Mortgage of inflating their home values, finding that not all potential class members could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion.

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Wells Fargo Workers Score Class Cert. In Stock Option Suit

By Emilie Ruscoe

Former employees of Wells Fargo & Co. have received certification for their proposed class in litigation in Minnesota federal court alleging the bank used dividends earned by its employee stock ownership fund to defray its 401(k) matching obligations.

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Wash. Justices Back Workers' View On Moonlighting Law

By Rachel Riley

Washington's highest court clarified on Thursday that the state's moonlighting protections shield low-wage workers from noncompete terms that would outright ban them working for any competitor in any capacity, concluding that employers must narrowly tailor such restrictions to be line with employees' common-law duty of loyalty.

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Judge Inclined To OK Visa, Mastercard $197.5M ATM Fee Deal

By Ali Sullivan

A D.C. federal judge seemed poised Thursday to give final blessing to a $197.5 million settlement resolving class action claims that Visa and Mastercard conspired with major banks to fix ATM access fees, but the judge said he needed more time to reflect on attorney fees.

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Catholic University, Students' $2M Deal Wraps Up COVID Suit

By Jared Foretek

A D.C. federal judge gave final approval to a $2 million settlement between Catholic University and a class of students who say they lost opportunities when the school shut down in-person learning at the height of the COVID-19 pandemic.

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Atty Hit With TCPA Class Action Over Camp Lejeune Calls

By Jonathan Capriel

A North Carolina plaintiffs firm was hit with a proposed class action accusing it of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case — at least the fourth firm to face similar claims.

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SECURITIES

Chancery Tosses Suit Challenging $10.2B Zendesk Sale

By Jeff Montgomery

Rejecting stockholder claims of misstated or omitted deal terms, a Delaware vice chancellor on Wednesday dismissed a suit accusing managers of software-as-a-service venture Zendesk Inc. of taking the company private at a $10.2 billion price far below earlier offers.

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Del. Justices Won't Revive Skechers Inc. Aircraft Use Suit

By Jeff Montgomery

Delaware's top court on Thursday grounded with scant comment a derivative suit appeal filed on behalf of a stockholder of comfort shoemaker Skechers USA Inc. seeking revival of a dismissed lower court case alleging failure to control top executives' use of corporate aircraft for personal travel.

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Advanced Auto Parts Gets Brakes Tapped On Investor Suit

By Katryna Perera

Advanced Auto Parts beat back a proposed class action on Thursday that accused the company and its top brass of misleading investors about the failure of a new pricing strategy and purposefully inflating the impact of price reductions, with a North Carolina federal judge finding that the suit failed to plead knowledge of wrongdoing.

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Micron CEO Accused Of Insider Trading In Fla. Investor Suit

By David Minsky

A Micron Technology Inc. shareholder has accused the company CEO and several board members of insider trading after selling $70 million worth of stock just before the release of disappointing financial results regarding demand for its semiconductors.

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Chinese Ride Co. Ordered To Produce Regulator Testimonies

By Sydney Price

A New York federal judge ordered Chinese ride-hailing giant Didi Global Inc. to provide testimony about its interactions with Chinese regulators before its 2021 initial public offering, rejecting the company's claim that Chinese law prevents disclosure.

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Shift4 Gets Accounting Practices Investor Suit Axed For Good

By Katryna Perera

In an opinion permanently dismissing a class action against Shift4 Payments Inc., a Pennsylvania federal judge rhetorically asked what changed from the first amended complaint that accused the payment processing company of engaging in questionable accounting practices to keep its stock price afloat.

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COMPETITION

Turkey Buyers Get Classes Certified For Antitrust Claims

By Matthew Perlman

An Illinois federal court certified two classes of buyers in a case accusing the country's largest turkey processors of working together to reduce supply and increase prices after refusing to exclude analysis from the buyers' experts.

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HP Says Ill. Ink Antitrust Claims Fall 'Woefully Short'

By Lauraann Wood

HP urged an Illinois federal judge on Thursday to toss out customers' lawsuit accusing it of anticompetitively blocking them from using third-party ink cartridges in their machines, arguing that they haven't come close to showing how it tied customers' printer purchases to the alleged restriction.

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EMPLOYMENT & BENEFITS

Walmart Strikes Deal To End Delivery Driver's Wage Suit

By Emmy Freedman

Walmart reached a deal to resolve a former worker's lawsuit accusing the company of misclassifying its app-based delivery drivers as independent contractors and failing to provide them the guaranteed wages, breaks and benefits owed to employees, a filing in Washington federal court said.

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Foreign Workers' RICO Claims Should Advance, Judge Says

By Madeline Lyskawa

A Georgia federal judge has said a proposed class action by Mexican engineers who say they were duped into doing manual labor in the U.S. should largely proceed, finding they have sufficiently backed their state racketeering claims.

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CONSUMER PROTECTION

Vape Maker Seeks Exit From Suit Over Delta-9 THC Levels

By Jonathan Capriel

An Illinois-based vape maker urged a federal judge to toss a lawsuit accusing it of fraudulently passing off illicit Delta-9 products as legal Delta-8 ones, saying the suit lacks fundamental details, such as which products were purchased and what laboratory tested them.

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INSURANCE

UnitedHealthcare Settles Proton Beam Coverage Suit

By Patrick Hoff

UnitedHealthcare has agreed to resolve a proposed class action claiming it unlawfully denied coverage of a proton beam cancer treatment after wrongly labeling it as experimental, the insurance company and plan participants told a Massachusetts federal court.

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LIFE SCIENCES

GoodRx, PBMs Sued Over Alleged Generics Price-Fix Scheme

By Gina Kim

GoodRx and pharmacy benefit managers, including CVS Caremark and Express Scripts, formed a "cartel" to execute a price-fixing scheme by sharing pricing information and agreeing not to outbid each other for reimbursement rates paid to pharmacies for generic drugs, alleges a proposed class action filed Wednesday in California federal court.

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IMMIGRATION

Detainees' COVID Claims Blunted By ICE Action, Judge Hints

By Danielle Ferguson

A Michigan federal judge said Thursday she was skeptical healthy people in immigration detention can sue the federal government for not providing updated COVID-19 vaccinations, noting the jail in question being used by ICE has held vaccination clinics and that released detainees have had years to get the vaccine on their own.

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REAL ESTATE

Colo. Tenants, Eviction Law Firm Resolve Fee Suits

By Emily Sawicki

Colorado tenants and Tschetter Sulzer PC have settled two class actions accusing the eviction law firm of illegally charging attorney fees before their eviction proceedings concluded, more than a year after the firm settled a separate proposed class action that alleged deceptive debt collection.

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SPORTS & BETTING

DraftKings Sued Again Over Alleged 'Deceptive' Promotions

By David Steele

DraftKings lures new bettors with unethical and fraudulent practices, such as "risk-free" bets, newcomer bonuses and deposit matches, that make it "the present face of competition in the obscenely profitable, and formerly illegal, industry," according to a proposed class action in New York federal court.

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EXPERT ANALYSIS

Key Trends In PFAS Regulation And Litigation For 2025

The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

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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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UPS Penalty Demonstrates Goodwill Impairment Red Flags

The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.

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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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LEGAL INDUSTRY

Analysis

Companies Risk White House Wrath By Keeping DEI Programs

By Sarah Jarvis

For companies pushing forward with their diversity, equity and inclusion initiatives amid a torrent of attacks from President Donald Trump and his allies, there are myriad potential risks ahead — and murky questions about the legal parameters of Trump's anti-DEI agenda.

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Law Students Scramble As Federal Gov't Yanks Job Offers

By Alison Knezevich

Law students across the country are scrambling to figure out their next steps after a range of federal agencies yanked job and internship offers this week because of the new hiring freeze imposed by the Trump administration.

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Mass Tort Atty Files Ch. 11 Owing $202M To Litigation Funders

By Hilary Russ

A Houston plaintiffs attorney has filed for personal Chapter 11 protection with more than $202 million of litigation funding liabilities, according to his petition in the Southern District of Texas.

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Feud Heats Up Over Estate Of Wife Killed By Ex-BigLaw Atty

By Emily Johnson

The godson of a Georgia woman killed by her husband, former Fisher Phillips partner Claud "Tex" McIver, has said her cousins shouldn't get proceeds from a settlement of an underlying wrongful death suit, calling them "strangers" to her and claiming "the redistributive windfall" they're asking for "has no place in Georgia law."

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Boston Firm Says IT Vendor Holding Computers 'Hostage'

By Julie Manganis

Boston-based law firm Melick & Porter LLP says a company it hired to manage its information technology is now holding its computer network and data "hostage" by refusing to cooperate with the transition to a new vendor unless Melick pays it $380,000.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Law360's Legal Lions Of The Week

By Kevin Penton

Phillips Black Inc., Ridley McGreevy & Winocur PC and King & Spalding LLP lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court revived claims from a woman on death row in Oklahoma that prosecutors unfairly sex-shamed her and relied on gender-based stereotypes to convince a jury that she had killed her estranged husband for insurance money.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

A new Law360 Pulse survey shows that more than 90% of in-house counsel have no regrets about their decisions to join companies. In litigation stemming from Purdue Pharma's sales of OxyContin that fueled the opioid crisis, the Sackler family would lose control of Purdue and pay $6.5 billion in the latest proposed settlement. These are some of the stories in corporate legal news you may have missed in the past week.​

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen Axa Insurance and Admiral face a claim from a former lawyer recently exposed for personal injury fraud, the owner of Reading Football Club sue a prospective buyer and mobile network Lycamobile tackle action by Spanish network Yogio. Here, Law360 looks at these and other new claims in the U.K.

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Promo that reads 2024 Practice Groups of the Year Promo that reads Law360 Pulse In-House Counsel Satisfaction Survey

LAW FIRMS IN TODAY'S NEWS

Abrams & Bayliss

Adams & Reese

AkinMears

Altshuler Berzon

Arnall Golden

Arnold & Porter

Bailey & Glasser

Barack Ferrazzano

Barrett Law Group

Beal Sutherland

Bird & Bird

Block & Leviton

Bordas & Bordas

Brown Rudnick

Brownstein Hyatt

Burges Salmon

Burr & Forman

Cheeley Law Group

Clausen Miller

Clement & Murphy

Clifford Law Offices

Clyde & Co

Cohen Milstein

Colson Hicks

Covington & Burling

Cravath Swaine

Crowell & Moring

Cuneo Gilbert

DeMayo Law Offices

Dentons

DiCello Levitt

Douglas & Boykin

Edelson PC

Eimer Stahl

Emery Reddy

Entente Law

Eversheds Sutherland

Faegre Drinker

Falkenberg Ives

Feinberg Jackson

Fish & Richardson

Fisher & Phillips

Fitzpatrick Lentz

Fox Rothschild

Frank Freed

Freeman Mathis

Friedman Oster

Gaslowitz Frankel

Gibson Dunn

Gillam Smith

Glancy Prongay

Goodwin Procter

Gordon Arata

Gordon Rees Scully Mansukhani

Grabar Law

Grant & Eisenhofer

Gupta Wessler

Hagens Berman

Hall & Lampros

Higgins Benjamin

Hilgers Graben

Hogan Lovells

Howes Percival

Jones Day

Kahn Swick

Kantor & Kantor

Kaskela Law

Kean Miller

Kemmer Law

King & Spalding

Kirkland & Ellis

Knobbe Martens

Kohn Law Firm

Kozyak Tropin

Labaton Keller

Latham & Watkins

Lipsitz Green

Liskow & Lewis

Lockridge Grindal

Lodders Solicitors

Loevy & Loevy

Manning Gross

Mayer Brown

McCollom D'Emilio

Mehri & Skalet

Melick & Porter

Meritz Reddy

Milberg Coleman

Morgan Lewis

Morris Nichols

Morrison Foerster

Munger Tolles

Newman Ferrara

Nichols Kaster

Niemeyer Grebel

O'Melveny & Myers

Ogletree Deakins

Outten & Golden

Paul Weiss

Phillips Black Inc

Pomerantz LLP

Potter Anderson

Poulin Willey

Proskauer Rose

Quinn Emanuel

Radford Scott LLP

Reynolds Porter

Ridley McGreevy

Rigrodsky Law

Robbins Geller

Robin Frazer Clark PC

Rosen Law Firm PA

Rosenfeld & Rafik

Ross Aronstam

Sacks Weston

Schall Law

Selendy Gay

Shapiro Arato

Sheppard Mullin

Sidley Austin

Skadden Arps

Smith Anderson

Smith Krivoshey

Stanley Reuter

Steptoe LLP

Sullivan & Cromwell

Susman Godfrey

Travers Smith

Troutman

VanOverbeke Michaud

Venable LLP

Weinberg Roger

WilmerHale

COMPANIES IN TODAY'S NEWS

AT&T Inc.

Agri Stats Inc.

AlphaSense

AlphaSights Ltd.

Amazon.com Inc.

American Airlines Group Inc.

American Civil Liberties Union

American Civil Liberties Union of Michigan

American Water Works Association

Apple Inc.

Armadillo Financial Partners LLC

BNP Paribas SA

Bank of America Corp.

Berkeley Research Group LLC

British Broadcasting Corp.

Burford Capital LLC

CVS Health Corp.

Cadiz Inc.

Caesars Entertainment Inc.

Cargill Inc.

Chevron Corp.

Compagnie Financière Tradition

Costco Wholesale Corp.

DHL International GmbH

Deloitte Touche Tohmatsu Ltd.

DraftKings Inc.

EJF Capital LLC

Entergy Corp.

Ernst & Young LLP

Express Scripts Holding Co.

Exxon Mobil Corp.

FCA US LLC

GLS Capital LLC

George Washington University

GoFundMe Inc.

GoodRx Holdings Inc.

GreatBanc Trust Co.

H. J. Heinz Company

HP Inc.

Hellman & Friedman LLC

Investments Ltd.

J.C. Penney Co. Inc.

JPMorgan Chase & Co.

Jana Partners LLC

Johnson & Johnson

Legal Conversion Center

LinkedIn Corp.

MacAndrews & Forbes Holdings Inc.

Macy's Inc.

MasterCard Inc.

McDonald's Corp.

Mediterranean Shipping Co. SA

Meta Platforms Inc.

Micron Technology Inc.

National Association of Manufacturers

National Community Pharmacists Association

National Westminster Bank PLC

Omnicom Group Inc.

Permira

Pinterest Inc.

Pioneer Natural Resources Co.

Purdue Pharma LP

RealPage Inc.

Redwood Holdings LLC

Revlon Inc.

Rocade LLC

Rocket Mortgage LLC

Royal Mail Group PLC

Samsung Electronics Co. Ltd.

Shift4 Payments LLC

Skechers USA Inc.

Sonos Inc.

Sulzer Ltd.

SurveyMonkey Inc.

The Catholic University of America

The Cigna Group

The Interpublic Group of Cos. Inc.

The Kraft Heinz Co.

The Procter & Gamble Co.

The State University of New York

Thryv Inc.

TikTok Inc.

Tivity Health Inc.

TransUnion LLC

U.S. Chamber of Commerce

United Parcel Service Inc.

Verizon Communications Inc.

Visa Inc.

Walgreens Boots Alliance Inc.

Walmart Inc.

Wells Fargo & Co.

White Castle Management Co.

Yardi Systems Inc.

Zendesk Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Commonwealth of Massachusetts

Companies House

Cyberspace Administration of China

Delaware Court of Chancery

Equal Employment Opportunity Commission

Executive Office of the President

Federal Bureau of Prisons

Federal Trade Commission

Financial Ombudsman Service

Food and Drug Administration

Georgia Court of Appeals

Georgia Supreme Court

Internal Revenue Service

Japan Patent Office

NAFTA

National Labor Relations Board

Office of Federal Contract Compliance Programs

Peace Corps

The Crown Prosecution Service

U.S. Air Force

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Department of Justice

U.S. Department of Labor

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of Minnesota

U.S. District Court for the District of New Jersey

U.S. District Court for the District of South Carolina

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Drug Enforcement Administration

U.S. Environmental Protection Agency

U.S. Immigration and Customs Enforcement

U.S. Office of Personnel Management

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

UK High Court

United States District Court for the District of Colorado

United States District Court for the District of Nevada