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Class Action
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March 28, 2025
Judge Blocks Bid To 'Hijack' $44M Ga. Realtor Settlement
A Georgia federal judge on Friday rejected a bid by the plaintiffs who brought a series of landmark fee inflation claims against the National Association of Realtors and major brokerages to intervene in a similar Peach State action, putting their bid to block an alleged lowball settlement on ice.
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March 28, 2025
Dr. Martens Maker Moves To Keep Shein TM Fight Alive
The maker of Dr. Martens shoes said an affiliate of fast-fashion giant Shein shouldn't be able to dodge accusations of selling knockoff products and violating the terms of a previous intellectual property settlement agreement, arguing it has sufficiently laid out its case.
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March 28, 2025
GM's Cruise Must Face Trimmed Securities Fraud Suit
A Michigan federal judge on Friday trimmed a proposed class action alleging General Motors and its self-driving car unit Cruise LLC misrepresented the technological capabilities of its autonomous vehicles, but said the investor plaintiffs plausibly alleged that some Cruise executives made recklessly false statements.
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March 28, 2025
Edtech Co. Instructure Faces Parent Suit Over Data Harvesting
Education technology company Instructure, which claims to offer the nation's second most widely used learning management system, faces a suit brought by parents alleging that the company's "massive data-harvesting apparatus" violates the constitutionally guaranteed privacy rights of school-age children.
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March 28, 2025
Adobe Beats Class Action Over Alleged Competitive Threats
A New York federal judge has tossed a securities class action against Adobe Inc. alleging that the software company and its top brass misled shareholders about the competitive threat Adobe's products faced from a user experience design tool developed by another company, saying the investors have failed to plead any actionable misstatements or knowledge of wrongdoing.
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March 28, 2025
Anthropic Says Using Books For AI Is 'Quintessential' Fair Use
Anthropic on Thursday moved to toss a group of journalists and authors' proposed class action accusing the artificial intelligence startup of exploiting their copyrighted work to train its large language model, Claude, telling a California federal court that its use of their works was transformative and thus "quintessential fair use."
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March 28, 2025
Google Privacy Fight Raises 'Classic' Trial Issues, Judge Says
A California federal judge Friday doubted consumers' bid to certify a class of Chrome users in a revived lawsuit accusing Google of surreptitiously collecting their data while also observing that the case raises "classic" trial questions and asking how else Americans could "tell corporations what they believe to be offensive?"
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March 28, 2025
Judge Orders Due Process For Removal To Unrelated Countries
A Massachusetts federal judge on Friday blocked the Trump administration from removing immigrants to countries where they have no prior ties without first providing them with notice of where they are being sent and a "meaningful" opportunity to raise any safety concerns.
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March 28, 2025
Expedia Can't Get Early Win In Cuban Property Suit
A Miami federal judge kept alive a suit from a man claiming ownership of an island off the coast of Cuba that was seized by the Communist government and allegedly trafficked by Expedia Group Inc. through hotel reservations.
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March 28, 2025
FedEx Workers' Wage Suit Will Wait On Conn. Justices' Input
A Connecticut federal judge pressed pause on a class action alleging FedEx Ground Package System Inc. failed to pay workers for their time spent undergoing preshift security screenings, giving the state's high court a chance to weigh in on a similar dispute.
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March 28, 2025
Google To Pay $100M To Resolve AdWords Action
Groups of Google advertisers asked a California federal judge Thursday to greenlight a $100 million settlement that would resolve their long-running class claims that the tech company overcharged them for advertisements.
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March 28, 2025
Walgreens Can't Trim Agent's Overtime Lawsuit
Walgreens cannot escape breach of contract and unjust enrichment claims in an agent's suit alleging unpaid off-the-clock work, an Illinois federal judge ruled, saying that the worker claimed the company agreed to pay for that time.
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March 28, 2025
Labcorp Denied Early Win In 401(k) Fee Suit
A North Carolina federal judge denied Labcorp's motion for an early win Friday in a class of employee 401(k) participants' suit alleging their retirement savings were mismanaged, citing the parties' factual disputes over whether recordkeeping fees and investment offerings violated federal benefits law.
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March 28, 2025
Cornell Student Loses Bid For Restraining Order On Removal
A New York federal judge on Thursday denied a Cornell University student's attempt to bar U.S. Immigration and Customs Enforcement from detaining him for his Palestinian advocacy, saying the student failed to show the court can review removals.
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March 28, 2025
Nitrous Oxide Makers, Sellers Sued Over 'Whippet' Death
The estate of a woman who died after inhaling nitrous oxide as a recreational drug is suing makers and sellers of the canisters, alleging they are knowingly selling them to be used as "whippets."
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March 28, 2025
Class Deal Doesn't Free Shell Contractor From Fed. Wage Suit
A class action settlement in Pennsylvania state court over unpaid time spent shuttling to and from the construction of Shell's Beaver County petrochemical plant was distinct enough from a proposed federal class action that the contractor defendant can't dismiss the latter suit, a federal judge ruled Friday.
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March 28, 2025
Off The Bench: NCAA Wages, Coach Hacking, Tennis Tension
In this week's Off The Bench, the NCAA fires its latest salvo against paying wages to college athletes, the legal fallout from hacking allegations against a former University of Michigan football coach intensifies, and the men's tennis tour fights back against claims of intimidation.
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March 28, 2025
Calif. Tenants Claim REIT Charged Extra For Pests, Trash
A proposed class of California tenants accused real estate investment trust Equity Residential and two of its subsidiaries of unlawfully charging them separate fees for pest control and trash collection.
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March 28, 2025
DXC Technology Dodges Investor Suit Over Integration Issues
A Virginia federal judge has tossed an investor suit alleging that DXC Technology Co. and its top brass overhyped efforts to reduce restructuring and integration costs after acquiring several companies, finding that the plaintiffs failed to adequately allege any actionable false statements or knowledge of wrongdoing by the individual defendants.
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March 28, 2025
Avis Must Face Managers' Misclassification Suit
Car rental company Avis can't escape managers' collective action accusing it of misclassifying them as overtime-exempt, a New Jersey federal judge ruled, finding a longer time limit for bringing the suit applied because the workers backed up their claims that the company's conduct was willful.
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March 28, 2025
Trump Asks Justices To Allow Venezuelan Removals
President Donald Trump asked the U.S. Supreme Court on Friday to lift a D.C. federal judge's order blocking the removal of alleged Venezuelan gang members from the United States under the Alien Enemies Act, arguing the order infringes on his unique authority to make sensitive national security decisions.
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March 27, 2025
Video Privacy Law Doesn't Hit Movie Theaters, 9th Circ. Says
The federal Video Privacy Protection Act doesn't cover companies that offer "a classic in-theater moviegoing experience," the Ninth Circuit ruled Thursday in affirming the dismissal of a putative class action accusing Landmark Theatres of violating the law by sharing ticket buyers' information with Facebook.
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March 27, 2025
Nuture Can't Escape Parents' Heavy Metal Baby Food Case
Nurture Inc. cannot escape consolidated class claims brought by parents who allege the baby food manufacturer hid the presence of toxic heavy metals in its Happy Family Organics products, a Manhattan federal judge ruled Wednesday.
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March 27, 2025
Chinese Fintech Investors Urge NJ Court To Keep Suit Alive
Investors in Chinese fintech company 9F Inc. urged a New Jersey federal judge to keep their securities class action alive on Thursday, arguing that their third amended complaint now includes the specific details the court previously said would make their securities fraud claims viable.
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March 27, 2025
EV Co. Pumped Stocks Ahead Of 'Reverse' Splits, Suit Claims
Electric vehicle maker Mullen Automotive Inc. faces a proposed investor class action alleging that the company and a trio of its executives manipulated trading prices for the company's shares in advance of reverse stock splits that consolidated the number of shares of the company five times over roughly two years.
Expert Analysis
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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.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How A 9th Circ. Identicality Ruling Could Affect AI Cos.
If the Ninth Circuit agrees to settle a district court split over whether the Digital Millennium Copyright Act requires a copy to be identical to an original to support an actionable claim for removing copyright management information, the decision could have important ramifications for artificial intelligence businesses, says Maria Sinatra at Venable.