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Class Action
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April 22, 2025
PacifiCorp Should Pay For 39 Years Of Fire Trauma, Jury Told
A group of nine displaced property owners started the latest trial Tuesday over 2020 wildfires during which PacifiCorp chose not to de-energize its power lines, telling an Oregon state jury that more than 39 years' worth of harm has been done when all the plaintiffs' sagas are considered together.
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April 22, 2025
Venezuelan Deportation Ban Extended Amid Due Process Fears
A Manhattan federal judge on Tuesday extended a temporary ban on the deportation of purported Venezuelan gang members targeted for removal by the Trump administration, saying the detainees must be provided with adequate notice and an opportunity to bring a legal challenge against their removals.
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April 22, 2025
BlackRock Funds Drop Claims In Valeant Stock Suit
Dozens of BlackRock funds have dropped their claims in multidistrict securities litigation that accused a Bausch Health Cos. Inc. predecessor and others of a market manipulation scheme that caused a stock plummet, according to an order signed Tuesday by a New Jersey federal judge.
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April 22, 2025
Firms Vie To Lead Trade Desk Investor Suit Over AI Rollout
Robbins Geller, Bernstein Litowitz and other firms are seeking to represent a proposed class of investors in a suit alleging global digital marketing venture The Trade Desk Inc. hid snags that ultimately delayed the rollout its artificial intelligence-driven ad-buying platform.
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April 22, 2025
9th Circ. Affirms Otonomo's Escape Of Calif. Car Tracking Suit
The Ninth Circuit on Tuesday unanimously refused to revive a California man's proposed class action accusing autotech company Otonomo Inc. of surreptitiously tracking drivers' movements in violation of California privacy law, finding that a device installed in the man's BMW wasn't an "electronic tracking device" under the relevant state law.
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April 22, 2025
Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty
Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.
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April 22, 2025
Smoke Shop Joins Others Seeking Toss Of Nitrous Death Suit
Another smoke shop is joining fellow defendants in seeking dismissal of a woman's suit alleging their sale of nitrous oxide canisters led to her sister's death from using them as "whippets," saying she lacks standing to bring her claim.
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April 22, 2025
Credit Sesame Users Say Data Breach Leaked Personal Info
Financial services provider Credit Sesame is facing a proposed class action filed Monday in California federal court by two customers who said their personally identifiable information was compromised in a data hack earlier this month and that the company did not follow common industry standards to protect their sensitive information.
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April 22, 2025
Fintech Faces Investor Suit Over Unpaid $1.25M Settlement
A Toronto-headquartered fintech company faces a fresh suit in Brooklyn federal court, alleging it has not paid "a dollar" of the $1.25 million it committed to handing over to end securities fraud claims.
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April 22, 2025
Cummins Inc. Can't Dodge Engine Warranty Class Claims
A Michigan federal judge on Monday said Cummins Inc. must face a trucking company's proposed class action alleging the engine maker routinely cites dust damage to refuse warranty replacements and repairs without determining if it really was the cause.
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April 22, 2025
Ohio Derailment Not Caused By Texas Hurricane, Rail Co. Says
Railcar company GATX Corp. told a federal jury Tuesday that after three weeks of testimony, only a single witness had advanced Norfolk Southern's theory that a 2017 hurricane in Texas caused the hidden damage to a GATX-owned car that would eventually set off the 2023 derailment in East Palestine, Ohio.
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April 22, 2025
DOJ Wants Time During 9th Circ. Vegas Room Rate Arguments
The U.S. Department of Justice has asked to participate in the Ninth Circuit argument for an appeal from Las Vegas casino-hotel guests accusing the operators of using software to inflate room rates, the first algorithmic price-fixing case to reach an appeals court.
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April 22, 2025
Temp Workers Sue Fresh Express Over Alleged Safety Hazards
Six temporary workers claimed in a potential class action filed Monday that salad kit maker Fresh Express failed to train them to operate dangerous equipment or mitigate safety risks and that the staffing agencies that sent them there failed to pay wages comparable to what their hired employees make in violation of Illinois law.
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April 22, 2025
Judge Urged To Return Asylum Applicant Sent To El Salvador
Lawyers representing a class of young asylum-seekers told a Baltimore federal judge Tuesday that the federal government wrongly deported a 20-year-old Venezuelan asylum applicant to an El Salvador prison, arguing the Trump administration should be ordered to facilitate his return, just as it was in Kilmar Abrego Garcia's high-profile case.
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April 22, 2025
Tivity Health Denied Win In Suit Over Nutrisystem Buy
Health program company Tivity Health was largely denied a summary judgment win over investors who sued the company over its troubled $1.3 billion purchase of Nutrisystem, according to an order from a Tennessee federal judge who ruled Tivity's duty to disclose certain information is still debatable.
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April 22, 2025
Intel Asks For Final End To Claims Over Chipmaking Problems
Intel Corp. has told a California federal judge that a group of investors on a second try failed again to show that the company concealed problems in its domestic computer chipmaking business before posting results on Aug. 1 that led to its largest single-day stock decline since 1985.
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April 22, 2025
Scott + Scott To Lead Medical Cannabis REIT Securities Suit
A Maryland federal judge picked Scott + Scott as the lead class counsel Tuesday for a proposed securities class action accusing a medical cannabis-focused real estate investment trust of misleading shareholders about its declining rents, declining property management fees and the state of its leasing operations.
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April 22, 2025
Dunkin' Unit Beats Disability Bias Suit Over Nondairy Milk Fees
A California federal judge dismissed a lawsuit from lactose-intolerant customers accusing a Dunkin' Donuts unit and its franchisees of disability discrimination for charging extra for nondairy milk, ruling Monday that because the surcharge applied to all customers it didn't violate the Americans with Disabilities Act or a state law against discrimination.
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April 22, 2025
TruAmerica Overbilled For Water In Mass., Tenants Say
Residents at an upscale Massachusetts apartment complex owned by an affiliate of real estate investment firm TruAmerica have alleged in a proposed class action in state court that they're being billed for water service fees covering common-area expenses, such as sprinklers and fire hydrants, in violation of state law.
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April 22, 2025
Subaru Buyers' Attys Get $7.25M As Windshield Deal OK'd
A New Jersey federal judge on Monday gave final approval to a settlement between Subaru and a class of nearly 2 million customers in a suit that accused the automaker of selling vehicles with windshields vulnerable to cracks and other breakage, and granted class counsel $7.25 million in attorney fees.
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April 22, 2025
NC Sheriff's Office Settles Workers' Wage Class Action
A North Carolina sheriff's office reached a deal with a class of detention center employees to end their lawsuit alleging they were underpaid because the sheriff paid them for a flat number of hours without considering that their work schedules varied, according to a filing in federal court.
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April 22, 2025
Colo. Judge Extends Halt On Removal Of Venezuelan Migrants
A Colorado federal judge on Tuesday lengthened her temporary bar on the removal of Venezuelan migrants who are or will be detained in the state under a 1798 wartime law, writing in an order that her court "must follow suit" after high court justices issued a stay in a Texas case.
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April 22, 2025
NC Justice Fights GOP Challenger's 'Dangerous' Vote Fight
North Carolina Supreme Court Justice Allison Riggs urged a federal judge to dismiss the federal election law challenge brought by the Republican candidate she ran against for her seat, arguing it is "dangerous" to allow unsuccessful candidates to challenge election laws only after they have already lost.
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April 22, 2025
Judge Wonders If BofA Fake Accounts Suit Is 'Fishing'
A North Carolina federal judge on Tuesday questioned why he shouldn't dismiss a proposed class action alleging Bank of America opened unauthorized accounts in people's names after the bank argued that a similar suit against Wells Fargo didn't survive.
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April 22, 2025
Save Mart Reaches $20.5M Deal On Nonunion Retiree Benefits
California-based Save Mart Supermarkets will pay about $20.5 million to escape a suit from workers who alleged the company unlawfully revoked a monthly health reimbursement that it promised to nonunion retirees and their spouses for life, according to a proposed deal filed in federal court.
Expert Analysis
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.