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Class Action
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February 04, 2025
Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed
A Florida federal judge on Tuesday tossed for good antitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments.
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February 04, 2025
Judge Explains Biogen Class Cert. Ruling After 1st Circ. Order
A Massachusetts federal judge on Tuesday said he was reminded of a grade school lesson in long division as he explained his reasoning behind granting class certification and cutting short the class period in a suit against drugmaker Biogen Inc. on the orders of the First Circuit.
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February 04, 2025
Calif. Women Drops Bindle Bottle Suit Over Lead
A maker of water bottles will not have to face an Oakland woman's lawsuit accusing it of selling products with high levels of lead after a California federal judge approved a request by both sides to permanently dismiss her claims.
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February 04, 2025
LinkedIn Shares Users' Info With Meta And Adobe, Suit Says
LinkedIn has been hit with a proposed class action in California federal court alleging it illegally shared with Meta and Adobe personal information belonging to its LinkedIn premium subscribers who watched online training courses on its LinkedIn Learning platform without their knowledge or permission.
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February 04, 2025
LendingTree Faces Consumer Claims Over Snowflake Breach
Online consumer lending platform LendingTree and an insurance comparison subsidiary are facing a proposed consumer class action based on a data breach of their cloud storage service, which affected personal information for "hundreds of millions of consumers."
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February 04, 2025
Del. Justices Nix Fairness Ruling In TripAdvisor Nevada Move
Citing in part aversion to "speculative litigation," Delaware's Supreme Court on Tuesday reversed a ruling that kept in play potential stockholder damage claims in connection with the proposed reincorporation in Nevada of TripAdvisor and its parent, finding that business judgment deference should govern the court challenge.
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February 04, 2025
Swimmers Again Seek Cert., With 9th Circ's Reversal In Hand
Professional swimmers have again asked a California federal judge to certify hundreds of competitors accusing swimming's international governing body of organizing a group boycott against an upstart league, now armed with a Ninth Circuit decision that both revived their case and said class certification was improperly denied.
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February 04, 2025
Axon Gets Cities' Antitrust Case Largely Tossed
A New Jersey federal judge dismissed the bulk of a class action brought by local governments accusing Axon of monopolizing the Taser and body camera markets, ending claims related to the Taser market but allowing claims that Axon has maintained a monopoly in the body-worn camera market to continue on.
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February 04, 2025
AI Clean Energy Co. SPAC Suit Should Be Zapped, Judge Says
A federal magistrate judge has recommended dismissing, without prejudice, a derivative shareholder suit accusing the top brass of Stem Inc., an artificial intelligence-driven clean energy company, of making misleading statements leading up to a conflicted merger with a special purpose acquisition company, saying no one should have to "connect the dots" to figure out what is specifically being alleged against them.
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February 04, 2025
Mich. Supreme Court Says City's Electricity Fee Is Illegal Tax
A franchise fee added to East Lansing, Michigan, residents' energy bills is a disguised tax, the Michigan Supreme Court ruled Monday, saying the fee was used to raise revenue for the city without first being approved by voters.
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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.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Crypto Gatekeepers May Be The Next Front Of Enforcement
Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.