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Class Action
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February 04, 2025
1st Circ. Doubts Arbitration Bid 4 Years Into Au Pair Wage Row
The First Circuit on Tuesday questioned an au pair placement agency's assertion that it is still entitled to force wage violation claims into arbitration in Switzerland despite more than four years of U.S. litigation and one prior trip to the appellate court.
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February 04, 2025
Calif. Agency's Individual Claims Against Grocer May Be Axed
A California state judge on Tuesday told attorneys with the California Civil Rights Department that she doesn't think the law allows it to seek individual damages on behalf of the roughly 1,000 applicants it says were illegally denied jobs by a supermarket chain due to their criminal history, calling it a "problem" with the case.
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February 04, 2025
Another Cannabis Biz Faces THC Potency Suit In Illionis
Ascend Wellness Holdings is the latest cannabis company to be sued by a putative class of customers in Illinois state court claiming its vape products contain more THC than is allowed under the state's cannabis law.
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February 04, 2025
Fidelity National Urges Del. Toss Of Weak F&G Deal 'Gripe'
An attorney for Fidelity National Financial Inc. told a Delaware vice chancellor Tuesday that stockholders failed to do more than "fundamentally gripe" about terms of a $250 million investment in spun-off F&G Annuities & Life Inc. when the shareholders sued for breaches of fiduciary duty last year.
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February 04, 2025
Funeral Home BIPA Violations Not Covered, Insurer Says
An insurer told an Illinois federal court to dismiss a suit seeking $10 million in coverage for underlying litigation from a funeral home it insured, arguing that claims in a proposed class action by family members of decedents against the facility were all for noncovered biometric privacy violations.
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February 04, 2025
6th Circ. Urged To Back $600M Train Derailment Deal
Norfolk Southern and East Palestine, Ohio, residents defended a $600 million class settlement in Sixth Circuit briefs Monday, saying the deal provides meaningful relief to people and businesses impacted by a 2023 train derailment and release of toxic chemicals.
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February 04, 2025
Walmart Gets Arbitration In Fla. Delivery Fee Tax Fight
An accusation that Walmart unlawfully charged Florida customers sales tax on delivery fees will go to arbitration, a federal judge ruled Tuesday, saying shoppers agreed to arbitration when they accepted the terms of use of the retailer's website.
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February 04, 2025
FBI Agents, Workers Sue To Stop Trump's Threatened Purge
FBI staff members filed two suits against the Trump administration on Tuesday in D.C. federal court, seeking to stop the president from compiling a list of agents and employees who worked on investigations into the Jan. 6, 2021, insurrection and his retention and storage of classified documents.
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February 04, 2025
Trial Atty, Ex-Rep. Sister And Son Trio Start San Diego PI Firm
A longtime San Diego trial attorney is teaming up with his son and his sister, a former California congresswoman, to start a new law firm focused on personal injury, business and mass tort law, the firm said Monday.
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February 04, 2025
Meta Can't Dodge Testifying In Mobile-App Gambling Trial
A Washington federal judge has determined Meta must testify on the authenticity of data showing how much players spent on High 5 Games' illegal gambling mobile apps, saying the parent company of Facebook would not be overly burdened by providing a witness from one its three nearby offices.
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February 04, 2025
Insurer Points To Limits In McDonald's Franchisees' Policies
An insurer told a Washington federal court that it owes limited coverage to two McDonald's franchisees it insures in suits accusing them of illegally withholding specific pay figures in job postings.
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February 04, 2025
Entertainment Cos. Stiff Workers On Wages, Suit Says
A former stagehand is suing the entertainment companies behind Coachella and many sporting events in California state court, saying she and other hourly workers are required to drive as much as three hours away from their homes for work without any compensation.
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February 04, 2025
Meta Attacks Insurers' Bid To Remand Social Media MDL Row
Meta asked a Delaware federal court to postpone ruling on its insurers' request to remand a dispute over coverage for thousands of suits alleging harm from the company's social media platforms, saying the action will likely soon be transferred to multidistrict litigation in California alongside the underlying claims.
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February 04, 2025
Shell Workers' 401(k) Suit Gets Class Nod, But No Early Wins
A Texas federal judge awarded class certification to more than 10,000 current and former Shell Oil Co. workers in their suit claiming the energy behemoth mismanaged their $10 billion 401(k) plan, but he declined to grant either side early wins.
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February 03, 2025
Credit Suisse Gets Investor Suit Over Collapse Booted To NY
Credit Suisse can fight a proposed investor class action in New York, instead of New Jersey, alongside similar litigation related to its rapid deterioration and subsequent takeover in March 2023, a Garden State magistrate judge has determined.
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February 03, 2025
Red States Back Trump On Birthright Citizenship Limits
Iowa and 17 other Republican-led states backed the U.S. Department of Justice on Monday in urging federal judges on both coasts to allow enforcement of President Donald Trump's order limiting birthright citizenship, contending the 14th Amendment's citizenship clause has been misconstrued to spur "illegal immigration."
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February 03, 2025
Baby Sock Co. Inks $3.5M Deal In Investor's FDA Approval Suit
Investors suing digital baby monitoring device manufacturer Owlet Inc. have asked a California federal court to preliminarily approve a $3.5 million deal to settle claims the company misled investors about approvals required from the U.S. Food and Drug Administration to sell its "smart socks."
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February 03, 2025
Ex-Geico Sales Rep. Seeks Class Cert. In Overtime Suit
A former Geico call center worker asked a Georgia federal judge Friday to certify a proposed class of more than 1,000 sales representatives who say the insurance company required them to do unpaid work before and after their shifts, as well as on their lunch breaks.
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February 03, 2025
OpenAI, Microsoft Aim To Ax Musk's For-Profit Change Suit
OpenAI and Microsoft have urged a California federal court in separate motions to dismiss Elon Musk's antitrust and breach of contract lawsuit claiming OpenAI lied by telling investors it would always be a nonprofit artificial intelligence research organization, calling the allegations "conclusory" and lacking factual backing.
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February 03, 2025
Visa Brass Hit With Derivative Suit Over DOJ Claims
Visa's executives and directors were hit with a shareholder derivative suit in California federal court accusing them of allowing the company to understate the regulatory risk it faced by engaging in anticompetitive actions that forced would-be competitors in debit card transaction processing into unfavorable contracts, which are currently the center of a lawsuit brought by the U.S. Department of Justice last year.
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February 03, 2025
Del. Justices Uphold $10.4B Anaplan Inc.'s Thoma Bravo Sale
Agreeing that a fully informed "Corwin cleansing" vote washed away stockholder objections to a post-signing $400 million trimming of a $10.7 billion deal, Delaware's Supreme Court on Monday dismissed a challenge to Thoma Bravo's acquisition of software-as-a-service company Anaplan Inc. in June 2022.
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February 03, 2025
ICE Must Offer Pa. Detainees Virtual Access To NJ Courts
An immigration detention facility in Pennsylvania must allow detainees access to virtual hearings for pending criminal proceedings in New Jersey, since U.S. Immigration and Customs Enforcement assumed responsibility for protecting their constitutional rights, a federal judge ruled Friday.
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February 03, 2025
Amazon Military Leave Class Should Be Certified, Judge Says
A New York federal judge recommended on Monday greenlighting class treatment for more than 9,000 military reservists who accused Amazon of failing to fully provide paid leave for employees on active duty, saying the workers have shown the employment policies at issue apply to all of them.
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February 03, 2025
NCAA Settles College Baseball Coaches' Wage-Fix Suit
The NCAA and a group of Division I volunteer baseball coaches have reached a settlement "in principle" to end a proposed antitrust class action that challenged the organization's since-repealed "uniform wage fix" bylaw that prevented volunteer coaches from getting compensated market value for their services.
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February 03, 2025
EMS Workers Say Court Misunderstands Their Compensation
Emergency medical services workers told a North Carolina federal court that it's incorrectly examining their unpaid wage claims through an hourly pay legal standard instead of recognizing that they were paid on a salary basis, and the court should revisit their summary judgment motion.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.