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Class Action
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September 19, 2024
Thermo Fisher Beats Worker's 401(k) Forfeiture Suit, For Now
A California federal judge tossed a former Thermo Fisher worker's suit claiming it used abandoned cash in its retirement plan for its own benefit instead of cutting down administrative costs, finding Thursday the company didn't shirk any responsibilities under federal benefits law.
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September 19, 2024
Roblox Can't Ax Negligence Claims In Online Gambling Case
Roblox must face claims it was negligent for failing to shield minor players from gambling through its platform after a California federal judge ruled Thursday that the plaintiffs adequately alleged it was foreseeable that the players would head to online casinos and gamble away their digital currency known as "Robux."
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September 19, 2024
Apple's $490M Deal Over China Sales OK'ed, Attys Get $110M
A California federal judge approved Apple Inc.'s $490 million securities fraud settlement under which class counsel will receive $110.45 million in fees and costs plus interest, resolving years-old litigation alleging Apple and its top brass misled investors about iPhone sales in China.
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September 19, 2024
Hormel Foods Can't Beat Retirement Fund Management Suit
Hormel Foods Corp. can't avoid a proposed class action claiming it failed to remove high-cost investment options with poor return rates from its $1.2 billion retirement plans, with a Minnesota federal judge ruling the worker leading the suit identified suitably comparable funds that performed better.
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September 19, 2024
Judge Gives Dow Jones Win In Article Thievery Case
A Texas federal judge has handed a win to publisher Dow Jones & Co. in a copyright infringement suit accusing an investment manager of wrongfully copying and distributing thousands of news articles from The Wall Street Journal.
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September 19, 2024
Amazon, Bezos Deny Blue Origin Deal Challenges In Del.
An Amazon.com stockholder suit seeking damages from the e-commerce giant for purportedly conflicted dealing with company founder Jeff Bezos' Blue Origin space launch business can't get off the ground in Delaware's Court of Chancery, attorneys for the Amazon parties argued in a new brief filed late Wednesday.
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September 19, 2024
No Coverage For Santander Shareholder Suit, Allianz Says
Allianz told a Massachusetts federal court that it doesn't owe coverage to Santander Holdings for an underlying class action brought by shareholders over the company's $2.5 billion deal to take its consumer finance entity private, arguing that multiple exclusions bar coverage for claims arising from the transaction.
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September 19, 2024
Cleaning Co., H-2B Workers Nab Final OK For $400K Deal
A Colorado federal judge granted final approval Thursday to a $400,000 settlement that resolves claims from migrant housekeepers who accused a cleaning contractor of committing a variety of wage and visa law violations and threatening to deport workers who complained.
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September 18, 2024
PureCycle Investors Seek Final OK Of $12M Settlement
Investors in plastic recycling company PureCycle have asked a Florida federal judge to grant final approval to a $12 million deal to end a proposed class action alleging the company misled shareholders about its technology, financial projections and access to raw materials, roughly two years after the court temporarily tossed it for being imprecise.
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September 18, 2024
GM Beats Class Suit Alleging Piston Ring Defects
General Motors LLC has beat a class action accusing it of selling vehicles with faulty engines that consume too much oil, as a Colorado federal judge determined that the drivers couldn't prove a defect now that their expert witness is disqualified.
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September 18, 2024
Wynn Resorts To Pay Investors $70M Over Misconduct Claims
Wynn Resorts, its former CEO Stephen Wynn and others have reached a $70 million settlement in Nevada federal court to end an investor class action accusing the hotel and casino giant of deceiving shareholders by covering up allegations of Wynn's sexual misconduct, according to a Tuesday filing.
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September 18, 2024
9th Circ. Won't Revive Gas Price-Fixing Suit Over Trump Pact
The Ninth Circuit upheld the dismissal of a proposed class action alleging price fixing between major oil producers as part of the Trump Administration's 2020 deal with Russia and Saudi Arabia to cut production, saying that subjecting the pact to judicial review would be inappropriately "second-guessing" executive branch foreign policy.
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September 18, 2024
$24.5M Fee Sought In Del. For $125M Discovery Suit Deal
Class attorneys who secured a proposed $125 million settlement in a Delaware Court of Chancery suit filed by former Discovery Inc. stockholders challenging the company's $43 billion merger with AT&T in April 2022 proposed a $24.5 million fee for their efforts Wednesday.
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September 18, 2024
BIPA Doesn't Conflict With Kids Safety Law, Judge Rules
An Illinois federal judge on Tuesday rejected Meta's bid to dismiss a biometric privacy class action alleging it improperly stored Messenger and Messenger Kids users' facial geometries to apply bunny-ear and other filters, finding a federal child privacy law does not preempt the suit.
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September 18, 2024
Meta Ditches Investor Suit Over Apple Ad Changes For Good
A California federal judge on Tuesday tossed an investor suit against Meta alleging the tech giant hid the financial impact of Apple's privacy changes on its business, finding the suit's allegations weren't detailed enough to avoid dismissal.
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September 18, 2024
Pa. Jury Clears SeaWorld-Owned Park In Race Bias Trial
A Pennsylvania jury on Wednesday freed SeaWorld's Philadelphia-area park Sesame Place of claims that minority children endured discrimination by costumed performers who were accused of ignoring them during character parades.
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September 18, 2024
Telecom Co. PLDT Gets Final OK For $3M Investor Settlement
A California federal judge has given final approval to a $3 million deal settling investor allegations that Philippine telecommunications company PLDT Inc. hid an $866 million budget overrun, giving class counsel a $750,000 cut of the deal.
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September 18, 2024
Harvard Rips Morgue Theft Appeal's Immunity Claim
Harvard University told Massachusetts' intermediate-level appeals court that litigation over the alleged theft and sale of cadaver body parts from its medical school's morgue relies on a "crabbed" reading of an immunity law related to anatomical gifts.
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September 18, 2024
NCAA Must Give Up Control To Reach Suitable NIL Settlement
The date set by a California federal judge for the NCAA and the athletes suing it over name, image and likeness compensation to iron out issues with their proposed $2.78 billion settlement is fast approaching, and according to experts, a rational solution that would satisfy the two sides and the law might not exist.
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September 18, 2024
New Hampshire Residents Push To Save PFOA Class Action
A class of New Hampshire residents seeking to hold the Saint-Gobain Performance Plastics Corp. liable for the contamination of their properties with a toxic forever chemical is fighting the company's bid for summary judgment.
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September 18, 2024
UnitedHealth Settles 401(k) Fight Over Wells Fargo Funds
UnitedHealth has agreed to settle a class action from workers alleging the company mismanaged an employee 401(k) plan by loading it with lower-performing investment options to preserve a business relationship with Wells Fargo, according to documents filed Wednesday in Minnesota federal court.
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September 18, 2024
Ex-Gunster Client Says Firm Can't Shake Data Breach Suit
A former client urged a Florida federal court Tuesday to reject a bid from Gunster Yoakley & Stewart PA to toss a proposed class action related to a data breach in 2022.
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September 18, 2024
Thermo Fisher Late To Pay Departing Workers, Engineer Says
Thermo Fisher Scientific Inc. and a subsidiary failed to promptly pay all final wages and unused vacation time to departing employees and must now cough up three times the amount of that compensation because of its violation of Massachusetts law, according to a proposed class action filed in state court.
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September 18, 2024
Data Brokers Say NJ Judicial Privacy Law Goes Too Far
A group of data brokers accused of violating the New Jersey judicial privacy measure Daniel's Law has doubled down on its argument to a federal court that the law cannot survive strict constitutional scrutiny and must be thrown out.
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September 18, 2024
Biotech Co. Escapes Stock-Drop Suit Over COVID-19 Drug
A Massachusetts biotech company won dismissal Wednesday from a proposed class action by investors who say their shares tanked in value after it allegedly came to light that executives had falsely touted an unproven prospective COVID-19 medicine.
Expert Analysis
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opioid Suits Offer Case Study In Abatement Expert Testimony
Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.
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FTC Noncompete Rule Risks A Wave Of State AG Actions
The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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Devil's In The Details On FDCPA, Article III Standing
The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Examining Illinois Genetic Privacy Law Amid Deluge Of Claims
After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.
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Standardizing Early Case Appraisal In Securities Class Actions
While an initial economic assessment of securities class action litigation is far too often not undertaken, it's an important step in planning the defense strategy that can provide counsel, clients and insurers with a much clearer view of the case, and can be simplified through standardized analyses, says Assen Koev at SCA iPortal.
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Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures
The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.