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Class Action
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April 11, 2025
Hagens Berman Sanctioned Over Disappearing Client
Hagens Berman Sobol Shapiro LLP is facing monetary sanctions in a proposed class action against Apple and Amazon, after a Washington federal judge said the firm misled her about a problem client who disappeared and wasted the court's time in the process.
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April 11, 2025
Off The Bench: A Wait On NIL Settlement, Done Deal In Soccer
In this week's Off The Bench, the big NCAA name, image and likeness settlement still needs more work, a long-awaited settlement between U.S. Soccer and a prominent sports promotion company is completed, and a resolution of the conflict between Northwestern University and its football players is a step closer.
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April 11, 2025
Envestnet Sued For Docs On $4.5B Bain Capital Deal In Del.
A former trust investor in wealth and data management giant Envestnet Inc. sued in Delaware's Court of Chancery on Thursday for access to books and records on the company's $4.5 billion take-private deal with Bain Capital last year, citing concerns over both price and potential conflicts.
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April 11, 2025
Mich. Pot Co. Hits Vape Wholesalers With Antitrust Suit
Redbud Roots Inc., which bills itself as Michigan's top craft cannabis cultivator, processor and supplier, is suing a group of vaporizer wholesalers, saying in the antitrust complaint that they have agreed to fix prices and keep competitors out of the market.
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April 11, 2025
Arbitration Pacts Doom Domino's Drivers' Wage Collective
A proposed collective action accusing Domino's Pizza of refusing to properly reimburse drivers for delivery expenses cannot proceed, the company told a Michigan federal court, saying there are no identifiable drivers to take up the case who aren't subject to an arbitration agreement.
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April 10, 2025
9th Circ. Open To Sending Invisalign Antitrust Suit To Trial
Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.
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April 10, 2025
Judge To Stop DHS From Ending Parole For 450K Immigrants
A Boston federal judge said Thursday that she expects to block the U.S. Department of Homeland Security from bringing an early end to a Biden-era decision allowing nearly a half-million immigrants from Cuba, Haiti, Nicaragua and Venezuela to stay in the United States while they seek asylum or other legal status.
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April 10, 2025
Judge Wary Of DHS Policy On Removal To Unrelated Countries
A Massachusetts federal judge said Thursday he expects to issue a ruling that would require the U.S. Department of Homeland Security to afford greater due process protections to immigrants who the government seeks to deport to countries where they have no ties but could face torture or death, calling the current procedures "troubling."
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April 10, 2025
Amazon Can Withhold Flex Driver Names In Tip Case For Now
A Washington federal judge won't force Amazon to hand over the personal information of more than 150,000 delivery drivers to proposed class action members who claim they were all shortchanged on tips, saying the named plaintiffs haven't yet shown the data is relevant.
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April 10, 2025
Live Nation Cites Amazon's Win In Urging Nix Of Antitrust Suit
An attorney for Live Nation Entertainment and Ticketmaster urged a California federal judge Thursday to rethink his tentative opinion to keep alive an antitrust case alleging monopolization of the concert ticketing market, saying the judge did not consider a recent Ninth Circuit decision in favor of Amazon that "maps 100%" to the case.
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April 10, 2025
Elevance Beats Teacher's Bias Suit Over Weight Loss Drugs
A Maine federal judge tossed a teacher's proposed class action claiming health insurer Elevance committed disability discrimination by declining to cover weight loss medication to treat obesity, finding she hadn't shown bias was behind her health plan's refusal to pay for the drugs.
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April 10, 2025
Binance A Crypto Laundering 'Get-Away Driver,' Suit Says
A group of cryptocurrency owners who said they were targeted by online thieves and ransomware have filed a proposed class action alleging the cryptocurrency exchange Binance ran a loose ship that provided the cybercriminals with a platform to launder and hide the stolen property.
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April 10, 2025
Fla. Judge Won't Revisit 'Let's Go Brandon' Coin Class Cert.
A Florida federal judge won't reconsider his partial certification of a class of purchasers of meme-inspired cryptocurrency LGBCoin in a suit alleging the price of the tokens cratered after its much-hyped plan to sponsor the coin's eponymous NASCAR driver fell apart.
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April 10, 2025
Mint Mobile Secretly Records Customer Calls, Suit Says
Mint Mobile "routinely and intentionally" records conversations on its customer service line without notifying callers, according to a proposed class action moved to California federal court Wednesday.
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April 10, 2025
Mental Health Co. Workers Challenge Unpaid-Training Ruling
A group of workers told a North Carolina federal court Thursday that they were employees of a residential mental health company before they started their initial training, urging the court to reconsider its ruling that they didn't need to get paid for that time.
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April 10, 2025
Judge On Bid To Redo Wawa Breach Atty Fees: 'I Don't Buy It'
A Third Circuit panel on Thursday considering a class member's request to reconsider a $3.2 million attorney fee award in the Wawa data breach litigation seemed unconvinced of the argument that the number was the result of side-dealing attorneys, with one judge telling counsel, "I don't buy it."
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April 10, 2025
Ready Capital Brass Face Suit Over Real Estate Loan Losses
Executives and directors of real estate finance company Ready Capital Corp. were hit with a shareholder derivative suit alleging they failed to disclose that the company's nonperforming commercial real estate loans were damaging its bottom line and would force it to take "aggressive action" to preserve its finances.
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April 10, 2025
Colo. Supreme Court Rejects Fire Plaintiffs' Trial Opt-Out Bid
The Colorado Supreme Court has declined to hear a challenge to a judge's plan for a single liability trial on thousands of consolidated claims alleging Xcel Energy and two telecom companies are responsible for a 2021 wildfire.
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April 10, 2025
Ill. Ambulance Co. Accused Of Denying Overtime Pay
An Illinois ambulance services company runs afoul of state and federal wage and hour laws by paying employees overtime wages only when they work more than 80 hours in a two-week period, thus denying the workers some of their overtime pay, a proposed class and collective action filed in federal court said.
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April 10, 2025
Yahoo Privacy Feature Actually Invades Privacy, User Says
Yahoo secretly collects users' data for targeted advertising purposes, according to a proposed class action that alleges the company has been tracking user activity across websites and apps without their consent.
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April 10, 2025
Cantor Fitzgerald, Lutnick Beat BGC Stockholder Suit In Del.
A claim misclassification doomed a stockholder suit accusing Cantor Fitzgerald LP and former BGC Partners CEO Howard Lutnick — now U.S. commerce secretary — of lining up unfair terms when BGC went public in 2023 in a deal that diluted its minority shareholders, a Delaware vice chancellor ruled on Thursday.
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April 10, 2025
Kroger Customers Get Certification In Prescription Billing Suit
An Ohio federal judge certified three classes of Kroger pharmacy customers claiming they paid inflated co-pays for insured prescriptions, reasoning that the customers' claims raised common issues of law.
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April 10, 2025
Colo. Health System Wants Nurses' Wage Suit Trimmed
A group of nurses cannot proceed with their claim under the Colorado Minimum Wage Act that a state health system incorrectly calculated their overtime wages, the employer told a federal court, arguing that the allegation has nothing to do with unpaid minimum wages.
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April 09, 2025
OpenAI Countersues Musk For 'Relentless' Harassment
OpenAI on Wednesday lodged a countersuit to Elon Musk's lawsuit accusing the ChatGPT maker of abandoning its nonprofit mission, urging a California federal court to stop the billionaire from continuing an alleged "harassment campaign" aimed at impeding its success.
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April 09, 2025
Shaq's $11M Deal With NFT Investors Gets Judge's Final OK
Hall of Fame basketball player Shaquille O'Neal and the creators of the Astrals nonfungible token project have received a judge's final approval of an $11 million deal to resolve a proposed securities class action with buyers of the tokens that O'Neal allegedly promoted.
Expert Analysis
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.