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Class Action
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March 19, 2025
Crisco Slips Proposed Class Cert. In Butter False Ad Suit
A Crisco cooking spray purchaser looking to hold its manufacturer liable for an allegedly deceptive "butter" label cannot pursue those claims on behalf of other consumers because his intended classes aren't solid enough to proceed as one, an Illinois federal judge said Wednesday.
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March 19, 2025
Samsung, LA Resident Settle Galaxy Wristband PFAS Suit
A California federal judge Wednesday closed the book on a Los Angeles resident's proposed class action alleging Samsung Electronics America Inc. uses "forever chemicals" in the wristbands it sells for its smartwatches and fitness trackers, the same day the parties reported reaching a resolution.
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March 19, 2025
Sotera Beats Shareholder Suit Over Sterigenics Emissions
Life sciences company Sotera Health has beaten a shareholder suit alleging it made a series of false and misleading statements about its environmental controls and liability exposure from numerous lawsuits against subsidiary Sterigenics, with the court ruling the plaintiffs have not shown the company intended to deceive the public.
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March 19, 2025
Ford Explorer Axle-Bolt Suit Dropped By Wash. Plaintiffs
A Washington federal judge on Wednesday closed a proposed class action accusing Ford of selling Explorer vehicles designed with a single unreliable rear-axle bolt, after a pair of vehicle owners told the court they were dropping their case.
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March 19, 2025
Buyers Oppose Consolidation Of THC Oil False Ad Suits
A proposed class of buyers is urging an Illinois federal judge not to consolidate 10 cases from the same attorneys alleging nearly two dozen cannabis companies mislabel their vapable oil products to get around state regulations.
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March 19, 2025
Judge Tosses Vroom Investors' IPO Suit Due To Vague Claims
A New York federal judge has tossed a stockholder class action against Vroom Inc. over issues with its $468 million initial public offering, finding that none of the more than 50 challenged statements in the complaint made about the online car retailer's customer service or business plan are actionable.
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March 19, 2025
Procedural Flub Ends Peeping Nurse Appeal, NC Panel Says
A North Carolina state appellate panel on Wednesday axed an appeal in a negligence suit alleging a county allowed a nursing assistant to secretly film women at a county-owned clinic, saying the court lacks jurisdiction because the order being appealed wasn't final.
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March 19, 2025
Amazon's PillPack Agrees To Pay $6.5M To End TCPA Suit
The lead plaintiff has asked a Washington federal judge to approve a $6.5 million settlement to end a class action alleging Amazon.com affiliate PillPack LLC was responsible for unsolicited telemarketing calls that violated a federal consumer law restricting robocalls and texts.
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March 19, 2025
Plumbing Co. Workers Nab Class Status In ESOP Suit
Participants in a plumbing subcontractor's defunct employee stock ownership plan can proceed as a class in their lawsuit claiming the plan overpaid for company shares and later sold them at a deflated price, a California federal judge ruled, saying the workers leading the suit are adequate representatives.
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March 19, 2025
Judge Extends Feds' Deadline For Deportation Flight Info
U.S. District Judge James Boasberg on Wednesday gave the Trump administration another day to provide more details about flights containing Venezuelans deported under the 1798 Alien Enemies Act, after the government said it might invoke state secrets privilege.
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March 19, 2025
Ohio Opioid Judge Says Texas Court Should Hear Appeal Bid
An Ohio federal judge overseeing multidistrict opioid litigation denied Albertsons Cos.' request to appeal its summary judgment loss in the bellwether case brought by a Texas county, saying Wednesday that since pretrial proceedings are now done, the appeal should head to the appellate court for the Lone Star State.
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March 19, 2025
Anesthesiology Giant Says Private Antitrust Suit Has No Legs
U.S. Anesthesia Partners wants out of a proposed class action accusing it of monopolizing the Texas anesthesia market through a private equity-powered "roll-up" strategy, saying the man behind the lawsuit doesn't have standing to sue and has simply "repackaged" FTC allegations.
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March 19, 2025
Insurers Say $40M Retirement Row Settlement Not Covered
Three excess insurers told a California federal court they should owe no coverage toward a $40 million settlement a third-party administrator of a church retirement's plan reached to resolve class action claims that it participated in a self-dealing scheme, arguing the claims predate the period they insured.
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March 19, 2025
3rd Circ. Passes On Appeal Of NJ Judicial Privacy Law Ruling
Data brokers cannot consolidate dozens of lawsuits in federal court that claim they violated the New Jersey data privacy statute known as Daniel's Law, after the Third Circuit declined to revisit an earlier ruling that sent the lawsuits back to state court.
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March 19, 2025
Robbins Geller Escapes Sanctions In Gas Price-Fixing Suit
A California federal judge on Wednesday rejected a bid to sanction Robbins Geller Rudman & Dowd LLP attorneys in a gas price-fixing suit, determining that the firm didn't act in bad faith or unreasonably multiply proceedings in a way that unnecessarily cost Alon USA Energy millions.
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March 19, 2025
MLM Cosmetics Co. Doesn't Pay Any Wages, Stylist Says
A multilevel marketing company illegally classifies stylists as independent contractors, thus forcing them to foot the bill for promoting the company's products, and only pays workers a commission and for recruiting more stylists, a lawsuit filed in California state court said.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Ex-Worker Says Honeywell Must Face Retooled 401(k) Suit
A former Honeywell International Inc. worker urged a New Jersey federal judge to reject the aerospace and manufacturing company's bid to toss his amended proposed class claims targeting how the company used forfeited 401(k) funds, arguing that he plausibly pled his allegations.
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March 18, 2025
Quaker Oats Beats Pesticide Suit As Judge Cites EPA Limits
An Illinois federal judge threw out a putative class action Tuesday accusing Quaker Oats Co. of misleadingly marketing its products as healthy despite the presence of pesticides, saying the chemical levels identified in the case are far below the limits set by the U.S. Environmental Protection Agency.
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March 18, 2025
'Game Changer' Or 'Non Issue'?: Panel Talks Rule 702 Change
A class action law forum panel in San Diego appeared to agree Tuesday that a recent amendment to Federal Rules of Evidence Rule 702 emphasizing the judge's gatekeeping authority in allowing expert testimony is not the "game-changer" some predicted, with one panelist going so far as to say it was "barely a clarification."
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March 18, 2025
Amazon Asks To Claw Back Docs In Consumer Antitrust Suits
Amazon has asked a Washington federal court to allow it to claw back three documents it has deemed as privileged from consumers in a trio of proposed antitrust class actions, saying that the plaintiffs are refusing to return or destroy them after quoting them in their motion for class certification.
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March 18, 2025
Emisphere, Novo Nordisk Sale Suit On Track For Settlement
Former Emisphere Technologies Inc. stockholders are set to settle stockholder litigation over the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S, a Robbins Geller Rudman & Dowd LLP attorney informed Delaware's Chancery Court on Tuesday, saying a stipulation of settlement should be in next month.
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March 18, 2025
NBA Asks High Court To Weigh In On VPPA Data Sharing Suit
The NBA has urged the U.S. Supreme Court to weigh in on a Second Circuit decision that revived a Video Privacy Protection Act suit alleging that the league shared video viewing activities of its website's visitors with Meta, arguing that the plaintiff lacked standing since the information wasn't publicly disseminated or highly personal.
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March 18, 2025
Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight
Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.
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March 18, 2025
Drugmaker's $10.5M Deal In Investor FDA Approval Suit OK'd
A California federal judge has preliminarily approved a $10.5 million settlement between oncology drug company ImmunityBio and investors who claim they were misled over the likelihood the U.S. Food and Drug Administration would approve the company's bladder cancer drug.
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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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.
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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.