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Class Action
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November 22, 2024
Nissan Automatic Brake Classes Dismantled By 6th Circ.
A Sixth Circuit panel vacated class certification Friday for Nissan drivers who say their cars' automatic braking system activates unnecessarily, finding the trial judge failed to grapple with software upgrades that may have fixed the alleged flaw for some of the class vehicles.
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November 22, 2024
Judge Revives Ford Fire Risk Suit After Feds Question Recall
A Michigan federal judge on Friday reopened a putative class action alleging certain Ford Motor Co. Escapes and Bronco Sports SUVs have a defect that caused engine fires, ruling that a query letter from highway safety regulators gave new life to claims the automaker's recall didn't fix the underlying problem.
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November 22, 2024
Class Attys Ask Court For 28% Of $2.2M Bowling Settlement
Class attorneys in the now-settled legal fight over Bowl America's merger with Bowlero Corp. are requesting fees representing 28% of the proposed $2.2 million deal to end the litigation, which is nearing final approval.
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November 22, 2024
Social Media MDL Judge Threatens States With Contempt
A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."
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November 22, 2024
PFAS Foam MDL Attys Score $95.8M For Tyco, BASF Deals
A South Carolina federal judge awarded nearly $96 million in combined fees and costs Friday to lead counsel representing public water systems for reaching a $316.5 million deal with BASF Corp. and $750 million with Tyco Fire Products LP over forever chemicals, lauding them as "some of the most qualified mass tort litigators in America."
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November 22, 2024
Debt Collector Awakened Illegal 'Zombie Loans,' Suit Says
Real Time Resolutions Inc., a debt collection company, is facing a new proposed class action from two North Carolina homeowners, who have accused it of assessing an illegal interest on their mortgage that was charged off more than a decade ago.
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November 22, 2024
LA Power Dept. Inks $60M Settlement Over Valley Gas Leak
The Los Angeles Department of Water and Power has reached a $59.9 million settlement over allegations that it hid a dangerous natural gas leak from San Fernando Valley residents for over three years, according to the plaintiffs' counsel.
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November 22, 2024
Walmart Class Attys In $123M Opioid Deal Seek $24.6M Fee
Three plaintiffs' firms known for shareholder litigation seek $25 million in fees for their work on a $123 million settlement with Walmart in Delaware's Chancery Court, ending a suit that claimed oversight failures at the retail giant led to reckless opioid prescriptions and massive liabilities.
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November 22, 2024
Shaq Pays Up to Exit NFT Securities Suit
In this week's Off The Bench, the NBA settles a high-profile suit regarding its new media rights deal, and Netflix's buggy presentation of the Mike Tyson-Jake Paul fight draws a proposed class action.
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November 22, 2024
High Court Quietly Pulls Meta Case Without A Ruling
The U.S. Supreme Court on Friday set aside a Meta Platforms Inc. case that sought to narrow the types of risk disclosures corporations need to make to investors, saying that the court shouldn't have taken up the case in the first place.
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November 21, 2024
Sports Site Gets Video Privacy Suit Moved To Arbitration
A California federal judge has sent to arbitration a putative class action accusing a high school sports streaming service of unlawfully sharing users' video-viewing information with third parties such as Meta Platforms Inc., finding that the plaintiff had agreed to these terms when he first signed up for an account on the site.
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November 21, 2024
Social Media MDL Judge Rips State Attys Defying Orders
A California federal magistrate judge overseeing discovery in multidistrict litigation over social media platforms' allegedly addictive designs on Thursday ordered states to provide the names and state bar numbers of agency counsel who have refused to comply with discovery orders, threatening sanctions and asking, "What happened to the rule of law?"
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November 21, 2024
Chinese Co. Says It Didn't Agree To Class Arb. In $100M Claim
An e-commerce company known as the Amazon of China is urging a New York federal court to nix an arbitral award allowing class arbitration of claims that the company grossly shortchanged minority shareholders when it went private in 2016, saying it never agreed to such a proceeding.
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November 21, 2024
FirstEnergy Investors Slam Ex-Execs' Info 'Bogeyman' Story
FirstEnergy shareholders have accused two former executives of the energy company of exploiting confidentiality rules by seeking to shield documents relevant to their suit over a stock plummet that followed a massive bribery scheme, telling an Ohio federal judge he should reject the executives' "informational bogeyman" story.
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November 21, 2024
Children's Place Investor Drops Suit After Counsel Rule Qualm
A New Jersey federal judge agreed Thursday to let an investor who protested conditions the court placed on his pick for lead counsel to voluntarily toss his proposed class action against clothing retailer The Children's Place Inc.
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November 21, 2024
NFL Paid $1.3B In Concussions Settlement So Far, 4% Atty Fees
The National Football League has paid more than $1.3 billion to settle claims from former professional athletes who suffered neurological damage due to concussions sustained while playing, with 4% of that earmarked for their attorneys, according to a report by the court appointed special master and claim administrator for the multidistrict litigation.
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November 21, 2024
Tenant Class Attys Get $1.1M Fee In Race Bias Suit Deal
A federal judge awarded a nearly $1.1 million fee to class counsel for housing applicants who accused a tenant screening company of disproportionately excluding Black and Hispanic renters, saying the requested fee was reasonable for the $2.2 million settlement the attorneys struck.
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November 21, 2024
Insurers Sued Over Defense Costs In Fort Bragg Housing Row
An infrastructure company and related entities providing housing for military families told a North Carolina federal court that three of its primary commercial general liability insurers must cover their defense bill from a class action accusing them of providing "unfit and uninhabitable" housing at Fort Bragg.
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November 21, 2024
Ex-Twitter Workers Denied Class Cert In Arbitration Fight
A California federal judge denied class certification to ex-Twitter employees accusing the social media company now owned by Elon Musk and renamed X Corp. of stalling their employment disputes, saying some putative class members are already seeking arbitration outside the Golden State or trying to pursue their claims in court.
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November 21, 2024
NYT To OpenAI: You Deleted My Search Results
Lawyers for The New York Times and other newspapers suing Microsoft and OpenAI over allegedly using copyright-protected news stories to train ChatGPT now say that a week's worth of their search result data was accidentally erased by OpenAI engineers.
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November 21, 2024
Tax Firm Must Disclose Case Info In Malpractice Suit
A tax firm being sued for malpractice and unfair trade practices by former clients can't hide behind a state bar association rule to avoid producing discovery documents it claims are privileged, a Wisconsin federal court ruled Thursday.
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November 21, 2024
Vape Maker Sued Over Illegally High Delta-9 THC Levels
Two men are suing Lifted Liquids Inc. in Illinois federal court, alleging that its hemp-derived vape products contain more than .3% Delta-9 THC despite its advertising, making the products federally illegal and putting users at risk.
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November 21, 2024
Data Co. Gets Remand Of Suits Over Judicial Privacy
A federal judge sent 39 lawsuits alleging violations of a New Jersey judicial privacy law back to state courts, finding the district lacks subject matter jurisdiction.
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November 21, 2024
Ga. Attys' Easement Fraud Class Suit Shipped To State Court
A Georgia federal judge kicked back to state court a proposed class action accusing conservation easement fund organizers of racketeering and defrauding investors, saying the organizers failed to prove that the proposed class had at least 100 investors or that the case hinged on federal law.
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November 21, 2024
Newell Brands Wants Baby Bottle Microplastics Suit Tossed
Newell Brands Inc. moved Wednesday to dismiss a lawsuit accusing it of misleading buyers by labeling its Nuk brand of baby bottles as BPA-free while failing to disclose the products leach microplastics when heated, saying the label is "objectively truthful."
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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Nvidia Supreme Court Case May Not Make Big Splash
The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.