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Class Action
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April 02, 2025
Amazon Delivery Partner Faces Wage, Breaks Suit In Calif.
An Amazon delivery service partner offering delivery and assembly of large items didn't pay employees for all hours worked, violated rest breaks law and paid just $5 per pay period to cover their cellphone expenses, according to a proposed class action in California state court.
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April 02, 2025
No Grounds To Block Wartime Law Deportations, DOJ Says
The Trump administration urged a D.C. federal judge not to extend his temporary block on deportations of alleged Venezuelan gang members under a wartime statute, saying that the removals are lawful and out of the court's jurisdiction.
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April 02, 2025
Orthodontic Software Co. Hit With Data Breach Class Action
An orthodontic software company has been hit with a proposed class action in Georgia federal court over a November data breach in which the names, birth dates, medical records, insurance information, payment card data and Social Security numbers of its clients' patients were stolen by hackers.
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April 02, 2025
Energy Co. 'Fleeced' Customers In Bait-And-Switch, Suit Says
An Illinois alternative energy supplier was accused Tuesday in federal court of exploiting its customers with a bait-and-switch scheme involving "outrageously high" markups that "fleeced" thousands of customers out of tens of millions of dollars they'd otherwise save on gas and electricity.
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April 02, 2025
Walgreens Ignoring Requests To Stop Emails, Suit Says
Walgreens floods customers' inboxes with "incessant spam" and ignores any attempt to unsubscribe from the retailer's mailing list, according to a proposed class action filed in Massachusetts state court.
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April 02, 2025
Evolve Bank Reaches $11.8M Deal Over 2024 Data Breach
Evolve Bank & Trust, a prominent fintech partner bank, has agreed to an $11.8 million settlement to resolve claims in a consolidated suit that it failed to properly protect customers' private information and notify them following a cyberattack last year.
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April 02, 2025
Law Profs Back Cert. Reversal In Boeing Stock-Drop Fight
Law professors and former U.S. Securities and Exchange Commission officials urged the Fourth Circuit to undo class certification for Boeing investors who accused the company of overstating the safety of its 737 Max fleet, calling the certification order a "master class" in misinterpreting precedent.
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April 02, 2025
Pipe Inspector's Pay Wasn't A Salary, 6th Circ. Rules
An employment agency didn't calculate a pipe inspector's pay on a salary basis but rather calculated his compensation daily, a split Sixth Circuit panel ruled, flipping a Tennessee federal court's decision deeming him overtime-exempt under the Fair Labor Standards Act.
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April 02, 2025
Norfolk Southern Investors Appeal Train Derailment Ruling
Shareholders of railroad operator Norfolk Southern Corp. have gone to the Second Circuit seeking to revive a proposed class action accusing the company of making false claims about its commitment to safety ahead of a 2023 derailment and toxic chemical spill in East Palestine, Ohio.
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April 01, 2025
Tesla Asks Del. Justices To Undo $176M Atty Fee 'Windfall'
Tesla urged the Delaware Supreme Court on Tuesday to slash a $176 million attorney fee award granted as part of an excessive director compensation suit settlement, saying it amounts to a "windfall in a case that settled well before trial and after three years of only tepid litigation."
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April 01, 2025
Streaming Service Can't Drop Privacy Suit Over Data Sharing
A California federal judge refused to cut federal and state video privacy claims from a putative class action accusing movie streaming provider Mubi of secretly tracking and sharing subscribers' video-viewing histories with third parties such as Meta, rejecting arguments that the plaintiffs lacked standing and adequate support for their allegations.
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April 01, 2025
PacifiCorp Owes Another $36M After Latest Wildfire Trial
An Oregon jury awarded over $36 million Monday to seven property owners affected by fires that started during a 2020 windstorm in which PacifiCorp chose not to de-energize its power lines, bringing the reported total in such trials to over $300 million.
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April 01, 2025
Bigelow Waved The Flag While Selling Foreign Tea, Jury Told
R.C. Bigelow Inc. falsely advertised its foreign-grown teas as "manufactured in the USA" in a deceitful effort to play on customers' patriotic sentiments, counsel for a certified class of Golden State tea buyers told jurors as a damages trial opened in California federal court Tuesday.
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April 01, 2025
Estée Lauder Must Face Investors' Suit Over Inflated Growth
Estée Lauder investors have successfully pled the cosmetics company and its top brass made several misleading omissions and statements and opinions "mired in half-truths" in their suit alleging that the company announced unrealistic expectations for growth early in the COVID-19 pandemic, a New York federal judge ruled Monday.
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April 01, 2025
Pork Price-Fixing Fight Over Sales Data Swap Heads To Trial
A Minnesota federal court mostly denied Monday a slew of summary judgment motions from Tyson and other pork producers seeking wins in an antitrust suit alleging they conspired with data firm Agri Stats to fix pork prices and reduce supply, teeing up the high-stakes multidistrict litigation for a June trial.
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April 01, 2025
Meta Can't Narrow Health Privacy Suit Scope, Consumers Say
Two consumers who claim that Meta secretly collected their health information data through an "invisible tracker" on third-party websites told a California federal judge Tuesday that the social media giant is improperly trying to narrow their proposed class action to cover just one third-party health website.
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April 01, 2025
Takeda Antitrust Trial Over Actos Generics Set For July
A New York federal court refused a bid from Takeda Pharmaceuticals Co. to escape a long-running case accusing it of unlawfully delaying generic versions of its diabetes treatment Actos and scheduled a trial to start in July.
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April 01, 2025
7th Circ. Upholds Simmons' $8M Chicken Price-Fix Deal
The Seventh Circuit refused to undo an $8 million chicken price-fixing deal between direct buyers and Simmons' Foods that was challenged by Boston Market, which claimed the deal improperly released its bid-rigging claims, noting Tuesday the restaurant provided no evidence the deal is an unreasonably low value for the claims.
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April 01, 2025
Chancery OKs $500K Incentive Fee After Santander Class Win
Citing competing policy interests, a Delaware vice chancellor on Tuesday pruned to $500,000 a $1.63 million incentive fee proposal for two Santander Consumer USA Holdings Inc. stockholders who led a squeezeout-merger challenge that produced a $162.5 million class settlement in October.
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April 01, 2025
Nordstrom Family Faces Class Action Over Merger Deal
Members of the Nordstrom family and Mexican omnichannel retailer and shareholder El Puerto de Liverpool, along with Nordstrom Inc., were hit with a class action alleging that they formed a group to acquire the remaining shares of the retailer and take it private at an inadequate price and based on an unfair and unlawful process.
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April 01, 2025
Progressive's $43M Deal Over Car Valuations Nears Final OK
A certified class of more than 151,000 Progressive customers has asked a Georgia federal judge to grant final approval to a $43 million settlement resolving allegations the insurer's units systematically undervalued totaled cars by applying a "projected sold adjustment," and they have sought an attorney fee award of $14.3 million.
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April 01, 2025
Printing Company Wins Suit Over $265M ESOP Sale
An Illinois federal judge tossed a former printing company executive's suit claiming the business could have gotten a better price when selling its shares held in an employee stock ownership plan, or ESOP, for $265 million, ruling his case lacks evidence of self-interest or sabotage.
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April 01, 2025
NY Judge Tosses Rent Assistance Bias Class Action
The New York City Housing Authority and the state government escaped race discrimination claims from a proposed class of Black, Hispanic and Latino tenants, after a New York federal judge ruled that the plaintiffs lacked standing.
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April 01, 2025
Carnival Biz, H-2B Visa Workers To Settle Wage Suit
A carnival business that tours the East Coast and two H-2B visa workers who alleged that it forced them to work long hours in sometimes dangerous conditions without overtime pay have agreed to settle a proposed class action, according to Virginia federal court records.
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April 01, 2025
Amazon Says Workers Can't Rewrite 2nd Circ.'s Wage Queries
Amazon has asked Connecticut's highest court not to reframe certified Second Circuit questions about whether its employees must be paid while walking to mandatory anti-theft screenings at the ends of their shifts, arguing that state court rules ban them from altering the circuit's words.
Expert Analysis
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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.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.