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April 18, 2025
Tesla Settles Black Production Worker's Race Bias Suit
Tesla has agreed to settle a Black former production worker's suit claiming she was called racist slurs on the job and retaliated against for complaining that the facility fostered a culture of discrimination, according to a California federal court filing.
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April 18, 2025
Off The Bench: Maine Sued Over Trans Ban, NIL Deal Tweaked
In this week's Off The Bench, the Trump administration takes aim at Maine's policy on transgender athletes, the NCAA's settlement with athletes stands firm on a contentious clause, and a university that displayed a controversial quiz question at a football game settles with the quiz's creator.
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April 18, 2025
Taxation With Representation: Davis Polk, Simpson Thacher
In this week's Taxation With Representation, Global Payments Inc. buys Worldpay from GTCR and FIS, Intel Corp. sells a stake in its Altera business to Silver Lake, KKR acquires OSTTRA from S&P Global and CME Group, and Canada's Capital Power Corp. nabs two U.S. natural gas power plants.
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April 17, 2025
Apple Slams Claim Amber Alert On AirPod Hurt Boy's Hearing
Apple urged a California federal judge Thursday to toss claims that a set of AirPod Pro earbuds was defective, causing an Amber alert to damage a 12-year-old boy's hearing, saying there's no evidence the notification could have caused the injury and the family's expert didn't rule out COVID-19 as the cause.
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April 17, 2025
Musk Blames Twitter Investors For 'Languish' In Case
Elon Musk on Thursday pushed back against a trial schedule proposed by a class of former Twitter investors in litigation accusing the right-wing billionaire of intentionally tanking the social media platform's stock price, saying the investors have caused the case to "languish."
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April 17, 2025
Another Xerox Patent Bites The Dust At Fed. Circ.
Federal Circuit judges on Thursday affirmed yet another patent board ruling that scratched out claims in a patent issued to a Xerox unit that was asserted against a trio of major social media companies.
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April 17, 2025
9th Circ. Signals Support For Tribes' Cultural Loss Claims
A Ninth Circuit panel was skeptical Thursday that a Teck Resources unit could dodge the Confederated Tribes of the Colville Reservation's claims for tribal service losses stemming from a smelter's Columbia River pollution, with one judge saying Teck's argument was "splitting hairs."
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April 17, 2025
Weight Watchers Fakes Limited-Time Sales, Suit Says
Two California women on Wednesday hauled Weight Watchers into California federal court, alleging in a putative class action that the diet program company made up fake sales with fake limited-time offer periods to induce consumers into signing up for multimonth memberships.
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April 17, 2025
RI Judge Wants To Know Who's Behind $11B Health Grant Cuts
A Rhode Island federal judge on Thursday pressed the Trump administration for details about the decision-makers behind the cancellation of billions in grants supporting state public health programs.
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April 17, 2025
Prudential Financial Beats Certified Privacy Class Action
A California federal judge on Thursday entered a summary judgment favoring Prudential Financial and a software vendor in a certified class action accusing them of illegally recording consumer information in violation of the state's invasion of privacy law, finding that no evidence showed the vendor read or tried to read customers' communications.
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April 17, 2025
Nestle Can't Nix Diabetics' Boost Glucose False Ad Suit
A California federal judge said Thursday she won't toss a proposed consumer class action alleging that Nestle falsely markets its Boost Glucose Control drinks as suitable for preventing and treating diabetes, but said she might boot one plaintiff who continued buying the product for two years after the complaint was filed.
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April 17, 2025
Navajo Man Owed Relocation Benefits, 9th Circ. Rules
The Ninth Circuit has ruled in a published opinion that a Navajo Nation member was wrongly denied relocation benefits after the U.S. government awarded his ancestral land to the Hopi Tribe, saying the federal relocation office relied on flawed findings and arbitrary reasoning when denying his claim.
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April 17, 2025
Fandango Sells $10 Movie Credits That Expire, Suit Says
Movie ticket vendor Fandango misleadingly advertises that customers who sign up for its FanClub membership program will receive $10 credits that can be used for "any movie" at "any showtime" without restrictions, despite that the credits expire 30 days after they're issued, alleges a proposed class action filed Wednesday in California federal court.
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April 17, 2025
9th Circ. Tosses Objections To $10.4M CVS Wage Settlement
A pharmacist's objections to a $10.4 million settlement of a wage and hour class action affecting 24,000 CVS employees hold no weight, a Ninth Circuit panel found, ruling Thursday that a California federal judge adequately considered the merits of each objection before tossing them.
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April 17, 2025
Hyundai Can Seek Atty Fees On Withdrawn Ad Patents
A California federal judge on Thursday declared Hyundai the prevailing party in litigation brought against it by StratosAudio Inc. after the Federal Circuit declared StratosAudio's advertising patents invalid, and said the automaker could file a motion seeking attorney fees on two other patents voluntarily withdrawn from the case.
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April 17, 2025
Trump Can't Reboot 'Remain In Mexico' Policy Amid Litigation
A California federal judge on Wednesday blocked the Trump administration from re-implementing its so-called Remain in Mexico policy while an immigrants' rights group challenges it, finding the group's "core" business activities will be irreparably harmed without a stay and the group is likely to win its First Amendment claims.
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April 17, 2025
9th Circ. Revives Defect Suit Against CR Bard Over Clot Filter
The Ninth Circuit on Thursday revived a patient's allegations that C.R. Bard's blood clot-preventing IVC filter was defective, ruling that a lower court was wrong to throw out the suit as untimely since there are factual disputes as to when the patient noticed the filter had malfunctioned.
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April 17, 2025
Debt Firm's Successor, Ch. 11 Trustee End Latest Pay Dispute
A law firm that bought thousands of client files left over from the collapse of bankrupt California-based debt relief business Litigation Practice Group PC has agreed to pay nearly $1 million to the bankruptcy estate to help settle a payment dispute that began months ago.
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April 17, 2025
Calif. Judge To Resign Over Misconduct Amid Office Romance
A California state judge will resign and be barred from serving on the bench after engaging in misconduct that included pretending to be the lawyer for his judicial secretary with whom he was having an affair, according to a Thursday decision.
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April 17, 2025
'Latter-Day Machiavelli' Defamed Calif. Law Firm, Court Told
California employment law firm Lawyers for Justice PC has filed a suit in state court accusing one of its former clients of defamation in what the firm calls "a scorched-earth crusade against her former attorneys."
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April 17, 2025
Co. Seeks 2nd Shot At Asbestos RICO Suit, Citing New Info
New information supplied by confidential whistleblowers is cause for an Illinois federal court to allow a Los Angeles pipe manufacturer a second chance at pursuing a racketeering case against a Chicago area law firm, the company has argued in a motion to alter or amend the judgment.
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April 17, 2025
Sacramento Says Dormant Commerce Doesn't Apply To Pot
The city of Sacramento told the Ninth Circuit on Wednesday that a federal district judge was correct to toss a constitutional challenge to the city's cannabis licensure program, saying the dormant commerce clause does not apply to a federally illegal industry.
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April 17, 2025
High Court Sets Arguments Over Birthright Pause
The U.S. Supreme Court on Thursday ordered special oral arguments over President Donald Trump's bid to pause or limit three nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, keeping the president's mandate on hold until at least mid-May.
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April 17, 2025
Calif. Court Says Co.'s Heart Monitors Are Not Tax-Exempt
A California company is not eligible for a $3.3 million refund of sales and use tax paid on heart monitoring devices because the devices aren't considered tax-exempt medicine, a state appeals court ruled.
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April 17, 2025
Ex-Dole Employee Can't Swap Other Worker Into PAGA Suit
A California trial court correctly prevented a former Dole employee from substituting himself in his Private Attorneys General Act case with another worker suing the company, a state appeals court ruled, saying the two workers didn't have much in common.
Expert Analysis
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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High Court Water Permit Ruling Lacks Specificity
The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.