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Class Action
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March 07, 2025
9th Circ. Open To Reviving Monsanto Expiration Label Fight
A Ninth Circuit panel appeared open Friday to reviving a proposed class action over expiration dates on Monsanto's Roundup pesticides, but two judges were skeptical of claims against a distributor, which the distributor's counsel argued could open the floodgates of litigation.
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March 07, 2025
Orlando Health Can't Duck Suit Over Sharing Of Patients' Data
A Florida federal judge has refused to release Orlando Health Inc. from a proposed class action accusing it of unlawfully sharing patients' private information with Meta Platforms and Google through ad tracking software, allowing several wiretap and contract claims to proceed while axing a single invasion of privacy allegation.
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March 07, 2025
Musk To Give Deposition In Twitter Shareholder Suit
Elon Musk has agreed to sit for a deposition in early April in a proposed shareholder class action accusing him of fraudulently claiming Twitter had a bot problem to get out of his $44 billion acquisition of the site, his attorneys said Friday.
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March 07, 2025
PepsiCo Again Gets Gatorade 'Health Halo' Suit Trimmed
PepsiCo hasn't been able to fully shake a lawsuit brought by consumers who accuse the company of overhyping the health benefits of its Gatorade-branded protein bars, with a California federal judge knocking out a couple of avenues of relief sought by the buyers but allowing them to proceed with claims of deception.
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March 07, 2025
US Bank Loses Renewed Bid To Arbitrate Deposit Box Dispute
A California federal judge denied U.S. Bancorp's renewed motion to compel arbitration in a suit alleging the bank unlawfully drilled into some of its customers' safe deposit boxes without consent, after the Ninth Circuit vacated the court's prior order compelling arbitration, finding the bank failed to prove the arbitration clause was properly incorporated into customer contracts.
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March 07, 2025
New Bellwethers Score Cert. In Generic Drug Price-Fixing MDL
The Pennsylvania federal court overseeing sprawling multidistrict litigation springing from claims that pharmaceutical giants worked together to hike the cost of off-brand drugs has certified several sets of classes for the cases for the MDL's latest bellwethers.
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March 07, 2025
Cloud Network Co. Brass Face Suit Over Lockdown-Era Glut
Officers and directors of cloud-based computer networking equipment maker Extreme Networks Inc. face shareholder derivative claims that they hurt investors by concealing how a glut of COVID-19 lockdown-era customer orders cast a yearslong shadow on its revenue.
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March 07, 2025
Judge OKs Atlanta Strip Club's Wage Theft Settlement
A Georgia federal judge signed off Thursday on a $119,000 deal to end a suit between an Atlanta strip club and a former server who said the club stole her wages through an allegedly unlawful tip pooling scheme.
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March 07, 2025
$48M Progressive Deal With NY Drivers Gets Finalized
A New York federal court on Friday officially signed off on a $48 million class action settlement various Progressive Insurance units reached with New York drivers to resolve their claims that Progressive underpaid their claims for totaled vehicles.
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March 07, 2025
Sticker For Dangerous LG Ranges Just A Band-Aid, Court Told
Appliance manufacturer LG sold nearly half a million defective ranges with knobs that are too easily turned on by accident, causing fires that injured consumers and killed a few pets, according to a federal lawsuit filed in New Jersey on Friday, which demands the company issue a "proper" recall with cash refunds.
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March 07, 2025
Oscar Health Beats Shareholder Suit Over IPO Disclosures
Health insurance company Oscar Health Inc. has escaped a proposed investor class action accusing it of making omissions in its registration statement ahead of its 2021 initial public offering, with the court ruling that the plaintiffs have not shown that the defendants misled investors about the adequacy of Oscar's internal controls.
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March 07, 2025
Boeing Investors Certified As Class In 737 Blowout Suit
A Virginia federal judge on Friday certified a class of Boeing investors in a securities fraud suit accusing the aviation giant of making false statements about the safety of its 737 Max fleet.
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March 07, 2025
Driver, Ex-Employer Settle After BIPA Retroactivity Ruling
A distributor of fire sprinklers and other fire protection products has settled a lawsuit from one of its former delivery drivers who claimed the company's timekeeping violated Illinois' biometric privacy law, in the wake of the presiding judge determining that a legislative amendment limiting damages doesn't apply to the dispute.
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March 07, 2025
Honda, Class Spar Over Defect Verdict And Fees At 9th Circ.
Class counsel representing a certified class of Illinois Honda owners urged the Ninth Circuit on Friday to reverse their partial summary judgment loss, along with a $1.5 million fee and cost award for securing a $1.4 million valve defect verdict, while Honda argued that the verdict should be tossed entirely.
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March 07, 2025
U. Of Washington To Pay $4M To End COVID Tuition Case
The University of Washington will pay $4 million to settle a class action filed by students seeking tuition reimbursement from the COVID-19 campus shutdown, according to a settlement that received a judge's preliminary approval this week.
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March 07, 2025
Delivery Drivers Get Trimmed OT Suit Cleared For Trial
A New Jersey federal judge refused Friday to allow a delivery provider to escape a class action accusing it of failing to pay delivery drivers overtime wages, but determined no reasonable jury could find that a discount retailer partner was the workers' employer.
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March 07, 2025
Bed Bath & Beyond Investors Can't Move Judge On Class Cert.
Bed Bath & Beyond shares did not trade on an efficient market during the class period, a Washington, D.C., federal judge confirmed again, refusing to reconsider his class certification denial in a suit from the now-bankrupt retailer's investors who alleged they were misled by company executives and a billionaire investor.
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March 07, 2025
Judge Upholds Denial Of Class Cert. For 'Bridgegate' Drivers
A New Jersey federal judge has refused to disturb his 2023 denial of class certification for George Washington Bridge travelers who claimed the infamous "Bridgegate" traffic jam violated their constitutional rights, ruling that the plaintiffs' arguments were already considered and found to be immaterial to the case.
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March 07, 2025
Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins
In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.
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March 07, 2025
California Bar Orders Investigation Of Flawed Exam
The State Bar of California is bringing on an independent investigator to look into the problem-plagued administration of the February bar exam, which left scores of test-takers feeling cheated.
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March 07, 2025
Workday Decries 'Staggeringly Broad' Age Bias Collective Bid
A lawsuit accusing Workday of using automated hiring tools to unlawfully screen out applicants over 40 should not be given collective action status, the human resources platform told a California federal court, arguing the group would contain millions of dissimilar workers and innumerable employers.
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March 07, 2025
Jailed Developer Dropped From RICO Foreclosure Suit
A Michigan federal judge dropped a developer from a suit alleging a racketeering scheme stripped homeowners of their foreclosed homes' surplus equity, finding the harm they allege is not tied closely enough to a bribery scheme the developer later pled guilty to.
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March 07, 2025
BofA Sued Over Auto-Pay Shutdown For 1-Account Clients
Bank of America NA improperly cut off auto-pay arrangements for loans to customers who did not have another active account with the bank, according to a proposed class action from a customer who claims the shutdown of his car loan payments ruined his credit.
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March 06, 2025
Apria Healthcare To Pay $6.4M To End Data Breach Litigation
Apria Healthcare LLC has agreed to pay $6.375 million to resolve a proposed class action over a pair of data breaches that affected more than 1.8 million individuals' personal data, according to documents filed in Indiana federal court, on the heels of the medical equipment provider reaching a separate deal with the state's attorney general over the incident.
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March 06, 2025
BofA Says COVID-Era Workers Too Dissimilar For Class Cert.
Proposed classes of Bank of America loan officers include too many individualized claims for certification, the bank has argued in litigation alleging the loan officers were "short-changed" as they processed emergency small business loans during the pandemic.
Expert Analysis
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.