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Class Action
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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.
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March 06, 2025
Calif. Woman Accuses Fla. Sugar Co. Of Greenwashing
Florida Crystals Corp. is deceptively advertising sugar products as eco-friendly when it knows that its farming practices are "unnecessarily poisoning people and the planet," a Santa Cruz, California, woman has said in a proposed class action accusing the company of greenwashing.
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March 06, 2025
AppLovin Hit With Suit Over 'Forced Shadow Downloads'
Technology company AppLovin faces a proposed investor class action alleging it invoked "cutting-edge AI technologies" in touting growth that allegedly resulted from manipulative practices triggering forced shadow downloads of its apps.
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March 06, 2025
SEC Urged To Address Impact Of Slack Ruling On Investor Suits
Investor advocates on Thursday urged the U.S. Securities and Exchange Commission to address the growing number of companies that may be taking advantage of a recent U.S. Supreme Court ruling in order to avoid getting sued after going public.
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March 06, 2025
State AGs Want Fees In Kroger Wash., Ore. Merger Cases
A total of 10 attorneys general kicked off two separate bids Wednesday for attorney fees in the state and federal court cases in Washington and Oregon that blocked Kroger's $24.6 billion bid to buy Albertsons, arguing in the federal lawsuit that their substantial participation alongside the Federal Trade Commission means they "substantially prevailed."
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March 06, 2025
Del. Chancery Fast-Tracks Review Of $8B Paramount Merger
Delaware's chancellor on Thursday rejected Paramount shareholders' bid for a temporary restraining order that sought to block its proposed $8.2 billion sale to Skydance Media, but she agreed to expedite the proceeding at a "break-neck pace" over breach of fiduciary duty claims involving Paramount's response to an alternative $13.5 billion offer.
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March 06, 2025
Gerber Inks Settlement In Baby Formula False Ad Suit
Gerber Products Co. has reached a deal that could end a long-running class action accusing it of falsely claiming its baby formula could reduce the risk of children developing allergies, with terms that promise parents a partial refund and class counsel as much as $11.25 million in attorney fees.
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March 06, 2025
9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case
A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."
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March 06, 2025
Kroger Can't Escape Baby Food Metal Claims
An Ohio federal judge on Wednesday allowed consumers' claims to go forward in a proposed class action against Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, saying the allegations didn't amount to a "shotgun pleading."
Expert Analysis
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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.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.