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Class Action
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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.
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April 16, 2025
Computer Equipment Co. Wants Suit Over Sales Decline Axed
Cloud network equipment company Extreme Networks Inc. has asked a federal judge in California to toss a lawsuit alleging it misled investors about its financial prospects and declining client demand during the COVID-19 pandemic, arguing the existence of undisclosed information, by itself, is not misleading.
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April 16, 2025
Staffing Co. To Pay $1.5M To End Ill. Bio Privacy Suit
Staffing and payroll provider DX Enterprises Inc. has reached a $1.52 million deal to end claims that it collected without written consent worker fingerprints that it used to track when laborers punched into and out of a job, with an Illinois federal judge granting final approval.
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April 16, 2025
DexCom Execs Sued For Allegedly Misleading Growth Claims
Executives and directors of glucose monitor manufacturer DexCom Inc. have been hit with a derivative suit alleging that they concealed from investors that DexCom struggled to maintain a sales force that could keep up with growing demand following a Medicare policy expansion.
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April 16, 2025
Blue Shield Of California Sued Over Google's Patient Data Use
Blue Shield of California was slapped with a putative class action in California state court Monday, days after the health insurer announced that the personal data of some of its patients had been "impermissibly" shared due to its use of Google Analytics on its websites.
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April 16, 2025
Koch, Chicken Buyers Spar Over $75M Deal Challenge
Restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc. told the Seventh Circuit the appeal should succeed because it includes more detail than a recently rejected challenge of a smaller deal with Simmons Foods Inc.
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April 16, 2025
Imerys Says Italian Unit In Danger From Talc Lawsuits
Bankrupt talc producer Imerys Talc America on Wednesday defended its recent move to file a Chapter 11 case for its Italian subsidiary, saying the foreign unit is facing imminent financial danger should it be targeted in talc injury suits.
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April 16, 2025
Workers Hit Fast-Food Co. With Nicotine Fee Suit
The parent company of popular fast-food chains Arby's, Sonic and Dunkin' has been hit with a proposed class action from workers alleging that the company's fee on the health plans of employees who self-disclosed using nicotine violated federal benefits law.
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April 16, 2025
Carvana Stockholders Urge Revival Of Insider Trading Suit
Stockholder attorneys who saw unjust enrichment and fiduciary breach claims against Carvana Inc.'s directors, officers and controller scuttled in Delaware's Court of Chancery last year urged the state's justices Wednesday to revive claims against its controller, who allegedly relied on inside information while selling $3.7 billion of shares.
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April 16, 2025
Ex-Twitter Worker Can't Add Claims To Age Bias Suit
A former Twitter employee leading a conditionally certified collective action on behalf of his fellow workers aged 50 and older who were fired after Elon Musk took over the company cannot amend the complaint to add new claims, a California federal judge ruled Tuesday.
Expert Analysis
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.