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Class Action
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April 17, 2025
Planned Parenthood Patients Sue Lab Co. Over Data Breach
A Washington state-based diagnostic testing services provider for Planned Parenthood has been hit with a pair of proposed class actions in Seattle federal court over an October data breach that reportedly impacted as many as 1.6 million people.
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April 17, 2025
Weight Watchers Fakes Limited-Time Sales, Suit Says
Two California women on Wednesday hauled Weight Watchers into California federal court, alleging in a putative class action that the diet program company made up fake sales with fake limited-time offer periods to induce consumers into signing up for multimonth memberships.
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April 17, 2025
Prudential Financial Beats Certified Privacy Class Action
A California federal judge on Thursday entered a summary judgment favoring Prudential Financial and a software vendor in a certified class action accusing them of illegally recording consumer information in violation of the state's invasion of privacy law, finding that no evidence showed the vendor read or tried to read customers' communications.
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April 17, 2025
Wash. Justices Back Consumers In Old Navy Spam Email Suit
Washington's highest court said in a 5-4 ruling Thursday that the state's spam law bars commercial emails that include any false information in their subject lines, endorsing two consumers' broader interpretation of the statute in a proposed class action against Old Navy.
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April 17, 2025
Nestle Can't Nix Diabetics' Boost Glucose False Ad Suit
A California federal judge said Thursday she won't toss a proposed consumer class action alleging that Nestle falsely markets its Boost Glucose Control drinks as suitable for preventing and treating diabetes, but said she might boot one plaintiff who continued buying the product for two years after the complaint was filed.
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April 17, 2025
Litigation Funder Sued In NC Over Data Breach
Companies that offer medical lien and presettlement funding for personal injury plaintiffs were hit Thursday with a proposed class action accusing them of allowing hackers to obtain the sensitive data of "thousands to tens of thousands" of clients, according to a complaint filed in North Carolina federal court.
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April 17, 2025
Robocall Arb. Denied Despite Alleged Recording Of Consent
A federal judge declined to force a Tennessee man into arbitration in his suit accusing a health insurance brokerage of making illegal robocalls, ruling that the plaintiff had created enough doubt to get to trial.
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April 17, 2025
Ibotta Misrepresented Kroger Deal, Shareholder Suit Alleges
Digital consumer discount company Ibotta Inc. was hit with a proposed shareholder class action claiming its registration statement for its April 2024 initial public offering omitted information regarding the nature of its relationship with grocery retailer The Kroger Co., prompting stocks to plummet when investors learned the relationship had ended.
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April 17, 2025
Mercer University's Data Breach Settlement Gets Final OK
Mercer University and a group of former students and a professor got final approval Thursday for a settlement that will end claims the university failed to safeguard the personal information of some 93,000 people leading up to a 2023 data breach.
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April 17, 2025
Firms Seek Fee Relief Over 'Grossly Unfair' Seresto MDL Snub
Two New Jersey law firms say they were cut out of their fair share of $4.5 million in attorney fees, awarded as part of a $15 million settlement they helped secure against Bayer and others in a flea collar multidistrict litigation, asking an Illinois federal court to order lead counsel to open their wallets and share the reward.
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April 17, 2025
Trump Can't Reboot 'Remain In Mexico' Policy Amid Litigation
A California federal judge on Wednesday blocked the Trump administration from re-implementing its so-called Remain in Mexico policy while an immigrants' rights group challenges it, finding the group's "core" business activities will be irreparably harmed without a stay and the group is likely to win its First Amendment claims.
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April 17, 2025
AstraZeneca Unit Hit With Antitrust Suit Over Soliris
Not-for-profit insurance company EmblemHealth Inc. has hit an AstraZeneca unit with a proposed class action claiming the subsidiary defrauded the U.S. Patent and Trademark Office to delay generic competition of its blood disorder product Soliris.
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April 17, 2025
Ford Says Free Repairs Doom Explorer Axle Bolt Class Action
Ford has asked a federal judge to dismiss a proposed class's claims that the automaker sold Explorers designed with a rear axle bolt that's prone to cracking, saying vehicle owners aren't out any money because they can get damaged bolts replaced free of charge.
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April 17, 2025
3rd Circ. Questions Walmart's Duty To Disclose Opioid Probe
The Third Circuit on Thursday questioned the extent to which Walmart knew of the government's interest in prosecuting it for opioid sales, as it considered a bid by investors to revive class claims alleging the retail chain failed to disclose it was under investigation.
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April 17, 2025
Co. Seeks 2nd Shot At Asbestos RICO Suit, Citing New Info
New information supplied by confidential whistleblowers is cause for an Illinois federal court to allow a Los Angeles pipe manufacturer a second chance at pursuing a racketeering case against a Chicago area law firm, the company has argued in a motion to alter or amend the judgment.
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April 17, 2025
Travel Tech Co. Accused Of Misclassifying Sales Workers
A travel technology company incorrectly classifies sales employees as exempt from earning overtime wages despite their job duties not falling under any overtime exemption, a proposed class action filed in Colorado state court said.
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April 17, 2025
Zenas BioPharma Faces Investor Suit Over Post-IPO Plunge
Autoimmune disease therapeutics company Zenas BioPharma Inc. was hit with a proposed shareholder class action alleging that its registration statement for its September 2024 initial public offering overstated the amount of time that the company could fund its operations using existing cash and expected net proceeds from the offering.
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April 17, 2025
Yale Health System Faces Class Claims Over Data Breach
Connecticut's largest healthcare system failed to properly secure patients' personal information ahead of a data breach in March that may have affected millions of people, according to three proposed class actions.
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April 17, 2025
Ex-Dole Employee Can't Swap Other Worker Into PAGA Suit
A California trial court correctly prevented a former Dole employee from substituting himself in his Private Attorneys General Act case with another worker suing the company, a state appeals court ruled, saying the two workers didn't have much in common.
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April 17, 2025
LegalZoom Scores Arbitration In Unlawful Practice Suit
A suit accusing online legal services provider LegalZoom of engaging in the unauthorized practice of law will head to arbitration, after a New Jersey federal judge ruled the claims fall within the scope of an enforceable arbitration agreement.
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April 17, 2025
Justices Revive Cornell Workers' ERISA Fee Suit
The U.S. Supreme Court revived a class action Thursday from Cornell University workers who said their retirement plans were saddled with excessive fees, finding the Second Circuit shouldn't have nixed their claim that the plans' arrangements with recordkeepers violated federal benefits law.
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April 16, 2025
Accellion Breach Victims Fight Uphill To Get Class Cert.
A California federal judge Wednesday doubted whether a class of 5 million individuals could be certified on claims that file-sharing software-maker Accellion negligently failed to protect against cyberattacks in light of the high court's TransUnion ruling, adding that it would be a "Herculean task" to determine certain classwide damages.
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April 16, 2025
Bard Sickened Ga. Man With Medical Gas Pollution, Jury Told
A C.R. Bard medical equipment sterilization plant secretly "poisoned" a resident of a Georgia town by emitting ethylene oxide for 50 years, a jury heard in opening statements Tuesday, while Bard told the jury it "overwhelmingly" demonstrated reasonable care with the powerful gas.
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April 16, 2025
Southwest Moves Union's Sick Leave Fight To Federal Court
Southwest Airlines has moved a union lawsuit challenging its sick leave settlement with the state of Colorado to federal court, after the union amended its complaint to add a proposed class of flight attendants also challenging the deal.
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April 16, 2025
Geron Shareholder Sues Execs Over Drug Launch Claims
A shareholder of Geron Corp. has filed a derivative suit against current and former members of the biopharmaceutical company's top brass, accusing them of making misleading statements about the commercial prospects of its cancer drug despite knowing that the company faced challenges to the drug's success.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.