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Class Action
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November 18, 2024
Live Nation Says Ticket Buyers Must Arbitrate Antitrust Suit
Live Nation moved to arbitrate a proposed consumer antitrust class action alleging it monopolizes concert promotions and secondary ticketing services for major venues, arguing in New York federal court Friday the customers agreed to arbitrate any dispute each time they logged in to their accounts or accepted secondary ticket transfers.
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November 18, 2024
Justices Urged To Deny TCPA Class Certification Challenge
A Florida-based financial services company found to have violated the Telephone Consumer Protection Act for sending fax ads to nearly 60,000 recipients is telling the U.S. Supreme Court to reject a petition from one of those respondents that sought to turn the case into a class action.
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November 18, 2024
Chancery Consolidates 2 Musk, Derivative Damage Suits
Delaware's chancellor on Monday combined two class suits that separately targeted Elon Musk's massive sales of Tesla Inc. stock and alleged diversions of Tesla talent to Musk's spun-off artificial intelligence venture, while ordering coordination with a suit seeking damages arising from alleged insider trading in late 2022.
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November 18, 2024
Chiquita Wants New Bellwether Trial In $38M Paramilitary Case
Chiquita told a Florida federal court that a landmark $38 million bellwether loss to the families of victims of Colombian right-wing paramilitaries was the "product of numerous legal and evidentiary errors" that handicapped the banana company, which now wants a new trial.
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November 18, 2024
Electronics Co. Hit With Default In $2B Price Fixing Case
A California federal court will enter a default judgment against Irico Group on claims that could total $2 billion in damages in long-running litigation over an alleged conspiracy to fix cathode ray tube prices after finding the Chinese electronics company failed to preserve evidence.
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November 18, 2024
HUD Ducks Homeowner's Insurance Overpayment Suit
A Florida federal judge dismissed a homeowner's proposed class action alleging the U.S. Department of Housing and Urban Development failed to refund mortgage insurance premium overpayments, finding the suit seeks sweeping relief that exceeds the court's power.
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November 18, 2024
49ers Data Breach Class Tries Again For Settlement OK
The San Francisco 49ers will pay $610,000 to nearly 21,000 individuals whose personal information was compromised during a data breach in 2022, according to a new motion seeking preliminary approval filed in California federal court on Friday, more than a year after U.S. District Judge James Donato rejected their initial deal.
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November 18, 2024
$100M Deal In Suit Over Walgreens Rx Prices Gets First OK
An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.
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November 18, 2024
General Mills Plant 'Haunted' By Racist Past, Workers Say
A group of Georgia General Mills plant workers who said their workplace was run by a clique of neo-Confederate racists fought back Monday against the company's bid to toss the suit, arguing the plant remains "haunted" by a legacy of white supremacist leadership.
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November 18, 2024
Rust-Oleum Falsely Touted Spray Paint Coverage, Suit Claims
Paint manufacturer Rust-Oleum Corp. has been hit with proposed class claims in Illinois federal court by customers who claim the paint manufacturer misled them by advertising its "2x" spray paint line as providing twice the coverage of other general purpose paints, when its own data contradicts those label claims.
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November 18, 2024
FCA Says Court Shouldn't Reverse Utah Class Cert. Denial
FCA US LLC is pushing back against a Utah driver's bid for reconsideration of a Michigan federal judge's denial of class certification in litigation alleging that the automaker sold vehicles with a defective electronic gearshift, saying he can't make new arguments on reconsideration that he didn't make in prior briefs.
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November 18, 2024
Walgreens, Grocer Accused Of Flouting Lie Detector Law
Walgreens and New England supermarket chain Shaw's are violating a Massachusetts law requiring that job applicants be advised that the state does not allow the use of lie detector tests in employment decisions, a pair of proposed class actions filed Monday allege.
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November 18, 2024
'Sub-Par' Work By Data Breach Class Attys Earns Lower Fee
A Connecticut federal judge awarded $340,000 on Monday to class counsel in a data breach lawsuit against Merritt Healthcare Advisors but criticized their request for $381,250 as out of line with reasonable rates and said some of their work in the case was "sub-par."
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November 18, 2024
Ex-Utility Co. Worker Says OT Violations Were 'No Secret'
A former employee of North Carolina-based utility services company Stake Center Locating LLC asked an Illinois federal judge to certify his proposed class of workers that were allegedly not paid proper overtime, stating that "it's no secret SCL uniformly requires its locators to work off the clock."
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November 18, 2024
Wendy's To Pay $4M To Settle Colo. Wage Claims
Wendy's agreed to shell out $4 million to settle a class action claiming the fast food chain failed to guarantee workers meal and rest breaks, a former employee said, asking a Colorado federal court to sign off on the deal.
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November 15, 2024
Evian Wins Ax Of False Ad Suit As NY Judge Reverses Self
A New York federal judge tossed, for now, a putative class action alleging Danone Waters of America deceptively labeled its Evian water bottles as "carbon-neutral," reversing his earlier decision that the representation could be misleading and ruling Thursday that Danone's website provided further explanation of what the term meant.
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November 15, 2024
Social Media Cos. Must Face Schools' Public Nuisance Claims
Meta Platforms and other social media giants must face most of the public nuisance claims brought by school districts and local government entities in multidistrict litigation alleging the companies designed their platforms to addict children, a California federal judge ruled Friday.
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November 15, 2024
HHS Likely To Limit Migrant Data After Flores Deal Ends
A California federal judge indicated Friday that she can't force the U.S. Department of Health and Human Services to provide human rights groups with regular data about children in low-security detention facilities now that the long-running Flores settlement has been replaced with a government regulation.
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November 15, 2024
Ill. Biometric Privacy Changes Apply Retroactively, Judge Says
The Illinois legislature's recent move to limit businesses' exposure under the state's landmark biometric privacy law applies to disputes that were brought before the change was approved, a federal judge has ruled in tossing a lawsuit over a transportation company's allegedly unlawful collection of an employee's fingerprints.
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November 15, 2024
Colo. University To Pay $4.5M To Resolve Pay Bias Suit
The University of Colorado Boulder has agreed to pay $4.5 million to resolve a proposed class action claiming hundreds of female faculty members were owed back pay after the school raised their salaries without making up for years of undercompensation, according to a state court filing.
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November 15, 2024
Healthcare Co. PACS Made False Claims Before IPO, Suit Says
Healthcare holding company PACS Group Inc. has been hit with a proposed shareholder class action on the heels of a short seller's report that alleged the company engaged in deceptive practices to boost its value ahead of its initial public offering, including Medicare claims fraud.
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November 15, 2024
Ariz. Judge Will Decide Proper Venue For CVS Antitrust Suit
A federal judge concluded Thursday that he must decide whether a proposed class action accusing CVS of exploiting a Medicare loophole to charge independent pharmacies exorbitant fees belongs in arbitration, after scolding CVS's attorneys for failing to adequately develop their arguments defending an underlying delegation clause.
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November 15, 2024
Judge Doubts Wildfire Trial Plan Would Hurt Some Plaintiffs
A Colorado state judge was skeptical Friday that a single liability trial for the thousands of plaintiffs suing Xcel Energy over a 2021 wildfire would deprive some people of a fair day in court, pressing lawyers for individual plaintiffs to explain why his plan would infringe on due process.
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November 15, 2024
Semiconductor Co. ASML Faces Suit Over Trade Downturn
Semiconductor industry supplier ASML Holding NV has been hit with a shareholder class action alleging that it stunned investors as it significantly lowered its 2025 revenue forecast after earlier brushing off the potential impact of economic headwinds affecting its industry.
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November 15, 2024
Colo. Judge Nixes Debtor's Transfer Try For Not Conferring
A Colorado federal judge on Friday struck a motion to transfer a putative class action suit against a bankrupt truck rental company to the Delaware court handling the business's Chapter 11 case, saying the company had failed to consult with the plaintiffs before filing the motion.
Expert Analysis
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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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Perspectives
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.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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2 High Court Securities Cases Could Clarify Pleading Rules
In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.