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Class Action
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April 01, 2025
7th Circ. Upholds Simmons' $8M Chicken Price-Fix Deal
The Seventh Circuit refused to undo an $8 million chicken price-fixing deal between direct buyers and Simmons' Foods that was challenged by Boston Market, which claimed the deal improperly released its bid-rigging claims, noting Tuesday the restaurant provided no evidence the deal is an unreasonably low value for the claims.
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April 01, 2025
Chancery OKs $500K Incentive Fee After Santander Class Win
Citing competing policy interests, a Delaware vice chancellor on Tuesday pruned to $500,000 a $1.63 million incentive fee proposal for two Santander Consumer USA Holdings Inc. stockholders who led a squeezeout-merger challenge that produced a $162.5 million class settlement in October.
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April 01, 2025
Nordstrom Family Faces Class Action Over Merger Deal
Members of the Nordstrom family and Mexican omnichannel retailer and shareholder El Puerto de Liverpool, along with Nordstrom Inc., were hit with a class action alleging that they formed a group to acquire the remaining shares of the retailer and take it private at an inadequate price and based on an unfair and unlawful process.
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April 01, 2025
Progressive's $43M Deal Over Car Valuation Nears Final OK
A certified class of more than 151,000 Progressive customers have asked a Georgia federal judge to grant final approval to a $43 million settlement resolving allegations the insurer's units systematically undervalued totaled cars by applying a "projected sold adjustment" and sought an attorney fee award of $14.3 million.
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April 01, 2025
Printing Company Wins Suit Over $265M ESOP Sale
An Illinois federal judge tossed a former printing company executive's suit claiming the business could have gotten a better price when selling its shares held in an employee stock ownership plan, or ESOP, for $265 million, ruling his case lacks evidence of self-interest or sabotage.
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April 01, 2025
NY Judge Tosses Rent Assistance Bias Class Action
The New York City Housing Authority and the state government escaped race discrimination claims from a proposed class of Black, Hispanic and Latino tenants, after a New York federal judge ruled that the plaintiffs lacked standing.
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April 01, 2025
Carnival Biz, H-2B Visa Workers To Settle Wage Suit
A carnival business that tours the East Coast and two H-2B visa workers who alleged that it forced them to work long hours in sometimes dangerous conditions without overtime pay have agreed to settle a proposed class action, according to Virginia federal court records.
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April 01, 2025
Amazon Says Workers Can't Rewrite 2nd Circ.'s Wage Queries
Amazon has asked Connecticut's highest court not to reframe certified Second Circuit questions about whether its employees must be paid while walking to mandatory anti-theft screenings at the ends of their shifts, arguing that state court rules ban them from altering the circuit's words.
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April 01, 2025
9th Circ. Urged To Keep Capital Group 401(k) Suit In Court
An employee retirement plan participant urged the Ninth Circuit to keep in court her proposed class action alleging 401(k) mismanagement by The Capital Group Cos., arguing a lower court correctly blocked an arbitration provision in the plan that waived statutory rights under federal benefits law.
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April 01, 2025
IBM And J&J Beat 'Speculative' Data Breach Suit, For Now
A New York federal judge has tossed with leave to amend a proposed class action alleging IBM and Johnson & Johnson's healthcare arm failed to safeguard sensitive health information of thousands of patients before a 2023 data breach, finding the purported harm is "entirely speculative" as currently alleged.
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April 01, 2025
NYT Demands OpenAI President Testify As Long As Staff
The New York Times has asked a federal judge to order that OpenAI president Greg Brockman sit for a standard deposition this month in copyright lawsuits over material used to train large language models, saying he should not be considered an "apex" witness who can testify for less time than his employees.
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April 01, 2025
Bloomberg Campaign Scores Partial Win In Unpaid OT Suit
Michael Bloomberg's 2020 presidential campaign organization attained a partial win in a suit accusing it of not paying field organizers minimum wage, a New York federal judge ruled, saying that federal law doesn't apply to the campaign and certain state law claims were rootless.
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April 01, 2025
Talc Claimants Tell 3rd Circ. Whittaker Couldn't File Ch. 11
Talc injury claimants on Tuesday asked the Third Circuit to dismiss Whittaker Clark & Daniels' Chapter 11 case, saying a South Carolina state judge had given control of the talc supplier to a receiver six weeks before the company filed for bankruptcy.
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April 01, 2025
Cornell Student Says He Left US Over ICE Detention Threat
Cornell University doctoral student Momodou Taal said he left the United States just days after a New York federal judge declined to block U.S. Immigration and Customs Enforcement from detaining and deporting him for his Palestinian advocacy.
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April 01, 2025
Tyler Tech Denied Early Exit From NC Civil Rights Class Action
Tyler Technologies, the Texas-based software provider behind North Carolina's transition to a digital court system, can't escape a proposed civil rights class action claiming the new technology led to wrongful arrests and extended jail time, though claims against one sheriff named in the suit were dismissed.
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April 01, 2025
NC Atty Gets $775K Fee For Multistate Wage Verdict
A North Carolina federal judge has awarded $775,000 in attorney fees to the workers of an Apple-affiliated repair company following their six-figure win in a multistate wage class action over back wages and damages.
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April 01, 2025
Prudential Beats Life Insurance Applicant's GIPA Suit
A Prudential life insurance applicant cannot pursue genetic information privacy claims after being required to undergo a physical exam and detail her family's medical history, as the state law she cites does not apply to life insurance underwriting, an Illinois federal judge said on Monday.
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April 01, 2025
Venezuelans Asks Justices To Keep Block On Removals
Five detained Venezuelans urged the U.S. Supreme Court on Tuesday to deny President Donald Trump's move to lift a D.C. federal judge's order prohibiting the removal of alleged gang members from the U.S. under the Alien Enemies Act, arguing the president's "staggering" assertion of authority under the wartime law is unsubstantiated.
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April 01, 2025
Uber Case Shouldn't Head To PA Justices, 3rd Circ. Told
The Third Circuit has already made clear which standard applies to determine whether workers are independent contractors or employees under Pennsylvania law, said the Pennsylvania Chamber of Business and Industry, backing Uber's arguments to not send a misclassification case to the state justices.
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April 01, 2025
Md. Credit Union Didn't Protect Sensitive Info, Customer Says
Lafayette Federal Credit Union was hit with a proposed class action from a customer in Maryland federal court alleging the credit union failed to protect customers' personal information from malicious actors in a September breach despite being aware it was at risk of an attack.
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March 31, 2025
Lockheed Martin Can't Escape Retirees' 'De-Risking' Suit
Aerospace and defense giant Lockheed Martin can't shed former employees' allegations it mismanaged a $9 billion employee pension plan by using an allegedly risky annuity provider to handle the plan on behalf of 31,000 beneficiaries, a Maryland federal judge has determined.
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March 31, 2025
Wells Fargo Sued Over Online Wire Fraud Protections
Wells Fargo has been hit in by a proposed class action California federal court accusing the bank of leaving its online and mobile banking customers exposed to costly losses from fraudulent wire transfers.
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March 31, 2025
Driver Says Parking Garage Privacy Suit Can't Be Arbitrated
The lead plaintiff in a proposed class action claiming a nationwide operator of parking garages violates privacy laws with its use of video analytics to enforce phony parking fees is fighting the company's bid in Colorado federal court to force the dispute into arbitration.
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March 31, 2025
Buyer Class Of Surgical Robots Is Certified In Antitrust Fight
A California federal judge on Monday certified a class of thousands of hospitals alleging Intuitive Surgical monopolized the market for robotic surgical tools by blocking third-party repairs and tying services to robot purchases, finding the case raises common antitrust questions that can be resolved on a classwide basis.
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March 31, 2025
NCAA Says Tennis Prize Money Class Cert. Bid Too Narrow
The NCAA is urging a North Carolina federal judge not to certify a class of college tennis players suing the organization over their inability to accept prize money from outside tournaments, saying the disputed rules do not affect a broad class of student athletes.
Editor's Picks
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NFL Seeks To End Race-Based Concussion Tests After Outcry
The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.
Expert Analysis
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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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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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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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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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.