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Class Action
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April 23, 2025
Shaq Settles FTX Litigation Over Alleged Promotions
Shaquille O'Neal and FTX investors in multidistrict litigation over the cryptocurrency exchange's collapse announced a settlement Wednesday resolving allegations that the basketball icon promoted FTX, including through a partnership for his Shaq's Fun House music festival, despite red flags at the crypto company.
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April 23, 2025
California Bar Says It Used AI To Craft Some Exam Questions
The State Bar of California used artificial intelligence to develop certain multiple-choice questions that were included in the February exam, a revelation that left one law school assistant dean "shocked" and a move that the state bar said was "not clearly communicated" to its own leadership.
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April 23, 2025
Retirement Co. Hit With $38.8M Jury Verdict In ERISA Action
A New York federal jury Wednesday awarded a 27,000-member class of retirement plan participants nearly $38.8 million after finding that Pentegra Retirement Services violated federal benefits law by saddling a $2.1 billion 401(k) plan with excessive administrative fees.
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April 23, 2025
Fed. Circ. Won't Revive Minority Farmer COVID Debt Relief Suit
The Federal Circuit declined to revive claims by socially disadvantaged farmers who said the government owes them millions of dollars after repealing a coronavirus pandemic-era debt relief program, ruling Tuesday the farmers failed to show the government had a mutual intent to enter a binding contract.
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April 23, 2025
Equipment Rental Industry Facing Algorithmic Pricing Claims
The construction equipment rental industry is the latest to face claims of algorithmic collusion, with several suits filed in the last few weeks accusing United Rentals, Herc, The Home Depot and others of using the same third-party service to set prices.
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April 23, 2025
UMich Says It's Immune From Ex-Coach Hacking Suits
The University of Michigan has said it is immune from claims brought by student athletes who allege the university failed to protect them from a former assistant football coach's alleged hacking of their sensitive information, encouraging a federal judge to reject the students' request for speedy discovery until a conference next month.
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April 23, 2025
Law Firm Fights Sanctions Bid In Mootness Fee Row
Attorneys at Monteverde & Associates PC urged an Illinois federal judge not to order certain sanctions against them in a challenge to so-called mootness fees paid to settle and dismiss allegedly baseless merger disclosure suits, saying more sanctions would be inconsistent with "well-established" pleading and sanctions standards.
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
NC Justice Hammers Home Depot's Reading Of Sales Law
A North Carolina Supreme Court justice reminded Home Depot on Wednesday that it was arguing to "a lot of textualists" in a case about the state's ban on referral sales programs, with the justice suggesting the language in the law does not require a showing of inducement to prove harm.
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April 23, 2025
GoodRx Beats Investor Suit Over Kroger-Linked Biz
GoodRx Holdings Inc. has escaped a proposed shareholder class action alleging it concealed from investors the indispensability of its relationship with Kroger, according to an order signed by a California federal judge who said the suit does not show GoodRx knew Kroger had plans to renegotiate its contracts.
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April 23, 2025
Severance Deal Bars 401(K) Suit, Whataburger Tells 5th Circ.
Whataburger asked the Fifth Circuit on Wednesday to uphold the dismissal of an ex-worker's suit claiming the company failed to trim underperforming investment funds from its $215 million retirement plan, stating the lower court correctly found a release he signed doomed his case.
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April 23, 2025
Judge Lifts Biocon Eye Med Biosimilar Ban After Settlement
A West Virginia federal judge has vacated a permanent injunction that had blocked Biocon Biologics Inc. from selling a biosimilar to Regeneron's blockbuster eye medication Eylea in the U.S., citing a settlement agreement in the patent litigation allowing sales of the biosimilar in 2026.
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April 23, 2025
Plastic Co. Asks 1st Circ. To Undo Class Cert In PFOA Suit
Saint-Gobain Performance Plastics Co. told the First Circuit that a New Hampshire federal judge's overly broad class certification for plaintiffs claiming it contaminated thousands of properties with a toxic forever chemical must be reversed, arguing that it opened courthouse doors to uninjured class members.
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April 23, 2025
Airport Contractor Fails To Provide Breaks, Worker Says
An aviation services contractor fails to provide workers with mandatory 10-minute rest periods and declines to compensate them for this missed time, a proposed class action filed Wednesday in Colorado state court said.
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April 23, 2025
Software Co. Can't Escape 401(k) Investment Suit
A California federal judge refused to toss a federal benefits lawsuit from former ServiceNow employees alleging the cloud computing company kept an underperforming suite of target-date funds in its 401(k) plan for over a decade, finding allegations of a deficient process should proceed to discovery.
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April 23, 2025
Non-Wash. Landlords Want Out Of Yardi Rent-Fixing Case
A group of landlords pushed to be permanently dismissed from rent-fixing litigation against rent software company Yardi Systems Inc. and other parties, arguing that the presiding Washington federal court lacks personal jurisdiction over them since they're not connected to the state.
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April 23, 2025
Costco Hit With Suit Over iPhone Warranty Omissions
Costco is the target of a proposed class action claiming the big box retailer sold iPhones without disclosures required under Washington state consumer protection laws, including omitting the terms of warranties and how much it costs for repairs.
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April 23, 2025
Musk's X Settles Age Bias Suit Over Layoffs
A California federal judge dismissed a certified collective action filed against Elon Musk's social media company X on Wednesday that alleges workers aged 50 and older were disproportionately targeted for layoffs, issuing the order after the parties reported they reached a settlement.
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April 23, 2025
Feds Ask 1st Circ. To Pause Block On '3rd Country' Removals
The Trump administration has asked the First Circuit to lift an order restricting deportations to countries where migrants have no prior ties and may face safety risks, describing the Massachusetts federal judge's ruling as an "unlawful" overreach.
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April 23, 2025
Apple Tricked People Into Buying AI-Less iPhone 16, Suit Says
Apple has been slapped with a lawsuit accusing it of baiting-and-switching iPhone 16 buyers with promises that the model would include the tech giant's new artificial intelligence model, but then quietly deleting those advertisements when it hit delays.
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April 23, 2025
Ex-Morgan & Morgan Client Seeks Remand In Malpractice Suit
A former client of Morgan & Morgan has urged a Georgia federal court to return his proposed class action to state court, arguing that his complaint accusing the firm and a trial attorney of legal malpractice is a "local controversy" while the firm says he should arbitrate his claims.
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April 23, 2025
Saladworks Operator Must Face Worker's Unpaid OT Suit
A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks cannot escape a proposed collective action accusing it of misclassifying assistant managers as overtime-exempt, a federal judge ruled Wednesday, rejecting the company's argument that there aren't enough assistant managers to support a collective.
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April 23, 2025
Worker Claims Tech Co. Owes Pay For Time Spent Starting Up
A tech company failed to pay employees for the time they spent booting up and logging into their computers before being able to start their work, a customer service worker said in a proposed class and collective action filed in Michigan federal court.
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April 23, 2025
United Flight Attendants Say Airline Owes Overtime Pay
United Airlines pays flight attendants only for the time they work during flights and declines to pay them any wages or overtime for pre- and post-flight tasks they're required to complete, according to a proposed class action filed in Illinois state court.
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April 23, 2025
Bernstein Litowitz Looks To Hire SEC's Ex-Top Crypto Cop
Investor-side firm Bernstein Litowitz Berger & Grossmann LLP has disclosed in a court filing that it is seeking to hire Jorge Tenreiro, the former head of the U.S. Securities and Exchange Commission's crypto enforcement unit as well as the onetime chief of the agency's entire litigation team.
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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The Benefits Of Aligning States On Legal Paraprofessionals
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Lessons From Pa. Wiretapping Class Action Dismissal
A recent wiretapping class action in Pennsylvania federal court resulting in the dispositive dismissal of the action provides key insights on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure, say attorneys at Baker Donelson.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Influencer Campaign Lawsuits Signal New Endorsement Risks
Recent class actions allege that companies' influencer campaigns violate the Federal Trade Commission's Endorsement Guides and various state laws, but it's not clear whether the failure to comply can sustain these lawsuits, or whether the plaintiffs' creative theory of damages will hold up to scrutiny, says Gonzalo Mon at Kelley Drye.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.