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Class Action
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February 07, 2025
Laughing Gas Makers, Vape Shops Hit With Class Suit
Several manufacturers of nitrous oxide, or "laughing gas," and seven Orlando-area smoke shops were hit with a proposed class suit on Thursday claiming their manufacturing, marketing and sales practices have contributed to a public health crisis and the death of a Florida woman.
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February 07, 2025
Off The Bench: Trump Bans Trans Athletes, NCAA Falls In Line
In this week's Off The Bench, the NCAA changes course to accommodate a presidential ban on transgender women athletes, Shohei Ohtani's former interpreter is sentenced for his gambling-driven embezzlement, and women's soccer players get restitution for abuse at the hands of their coaches and teams.
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February 07, 2025
Meta's $725M Deal Downplays Potential Liability, 9th Circ. Told
A group of objectors urged the Ninth Circuit on Friday to vacate Meta Platform Inc.'s $725 million settlement resolving privacy claims over the Cambridge Analytica data harvesting scandal, arguing the trial judge failed to fully consider the minimum $250 billion statutory damages award that could have been awarded if class counsel won at trial.
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February 07, 2025
SoCal Edison Says Its Equipment May Have Caused Hurst Fire
Southern California Edison told a state energy regulator that it believes its utility equipment might have ignited last month's Hurst Fire in northern Los Angeles County, but it's still investigating the cause of the area's far more destructive Eaton Fire.
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February 07, 2025
Insurers Say Meta MDL Row Should Be In Del. State Court
Coverage litigation with Meta over underlying claims that it deliberately designed its platforms to be addictive to adolescents ought to take place in Delaware state court, units of Chubb and Hartford told a Delaware federal court, arguing the court need only examine the fact that Meta is a Delaware citizen.
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February 07, 2025
Chicago Hospital Network Inks $850K Retirement Suit Deal
A Chicago-area hospital system will pay $850,000 to settle an ex-worker's proposed class action alleging it violated federal benefits law by failing to leverage the size of its $1.8 billion employee retirement plan to lower recordkeeping fees, according to filings Friday in Illinois federal court.
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February 07, 2025
Plaintiffs Lawyers Swarm Los Angeles Post-Fires
A deadly wildfire may be among the first covered by a new state fund that reimburses at-fault utility companies. This could mean billions of dollars for plaintiffs lawyers, and, if past fires are any indication, frustration and confusion for some victims.
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February 07, 2025
Applicant Seeks Group Status For Workday Age Bias Claim
A spurned job applicant urged a California federal court to confer collective action status on his claim that Workday's automated hiring tools violate federal age discrimination law, saying the artificial intelligence platform's similar treatment of older job seekers was enough to warrant representative status.
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February 07, 2025
Feds Agree Not To Publish FBI Agent List, For Now
The federal government agreed Friday not to publicize a list of FBI personnel who investigated the Jan. 6, 2021, riot at the U.S. Capitol without giving FBI agents suing the U.S. Department of Justice a heads-up beforehand.
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February 06, 2025
Meta AI Used 'Astonishing' Load Of Pirated Works, Writers Say
Meta Platforms allegedly downloaded tens of millions of pirated copyrighted works from peer-to-peer networks to train its Llama artificial intelligence product, and its employees repeatedly discussed this "illegal" strategy with lawyers, with one engineer writing, doing so "from a corporate laptop doesn't feel right," according to internal communications unsealed in copyright infringement litigation Wednesday.
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February 06, 2025
Block's Dorsey, Others Face Derivative Suit Over AML Woes
Officers and directors of Square and Cash App parent company Block Inc. face a shareholder derivative complaint over alleged anti-money laundering compliance failures weeks after the company reached an $80 million settlement of related claims with state banking regulators.
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February 06, 2025
Tom's 'Natural' Kids Toothpaste Has Lead, Arsenic, Dad Says
Tom's of Maine and its parent company Colgate-Palmolive have "egregiously" failed to disclose that its "Silly Strawberry" children's toothpaste has dangerous levels of lead and arsenic, a New York dad alleged in a proposed false advertising class action filed Thursday in New York federal court.
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February 06, 2025
Buyers Want Kratom Cos. Addiction Suit To Go On
Two California kratom manufacturers shouldn't be allowed to escape a lawsuit claiming they failed to warn about the "highly addictive" nature of their products, a proposed class of consumers argued, pointing to a podcast where a company executive suggested their products were more potent than morphine.
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February 06, 2025
TikTok Moderators Alleging Harm Face Uphill Cert. Battle
A California federal judge suggested on Thursday there might be too many individualized issues to certify a class of thousands of current and former TikTok content moderators in a suit alleging the social media platform is responsible for mental health issues the workers developed after being exposed to graphic content.
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February 06, 2025
Judge Questions Firm's Candor In Apple, Amazon Docs Row
A Washington federal judge said on Thursday there was "troubling shifting" around Hagens Berman Sobol Shapiro LLP's explanation of texts and emails with a client who disappeared from a proposed class action targeting Amazon and Apple, while also saying it might not matter because the firm found substitute plaintiffs.
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February 06, 2025
Travelers' $6M Data Breach Settlement Nabs Final OK
A New York federal judge gave a final stamp of approval to a $6 million deal ending a proposed class action alleging Travelers failed to protect people's personally identifiable information prior to a 2021 data breach.
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February 06, 2025
Earthlink Investors' Attys Score $28M In Merger Suit
The attorneys who helped Earthlink investors score an $85 million settlement with the company after they said they were tricked into approving a $1.1 billion merger with a failing telecommunications company will be walking away with almost $28 million for their trouble.
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February 06, 2025
Sam Altman Calls Musk's Claim Of Ban On Rivals 'False'
OpenAI CEO Sam Altman said the key claim made in a preliminary injunction request from Elon Musk in their ongoing investment spat is false, saying in a new declaration that he never told OpenAI investors that they wouldn't be able to invest in the company if they also invested in Musk's xAI.
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February 06, 2025
CooperSurgical Hit With IVF Embryo Loss Class Claims
A proposed class has sued CooperSurgical Inc. over embryos lost to its defective culture medium for in vitro fertilization, in the latest complaint in a series of individual lawsuits brought against the company after its 2023 recall of the product.
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February 06, 2025
No Imminent Plans To Publish Jan. 6 FBI Agents List, DOJ Says
FBI agents were unable to strike a deal Thursday that would block the federal government from releasing a list of FBI employees who investigated the Jan. 6, 2021, insurrection at the U.S. Capitol, but the U.S. Department of Justice told a judge it does not immediately intend to make that information public.
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February 06, 2025
Abbott Tells Judge To Keep Formula Cases In Federal Court
Abbott Laboratories urged an Illinois federal judge on Thursday to keep six previously remanded lawsuits over allegedly harmful preterm baby formula in federal court after local hospitals' dismissal prompted their second removal, arguing the hospitals were only in the suits to avoid federal jurisdiction.
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February 06, 2025
UFC Fighters Get Final Approval For $375M Settlement
A Nevada federal judge granted final approval Thursday to a $375 million settlement in a more than a decade-long class action in which fighters accused UFC of suppressing their wages, according to a lead attorney on the case.
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February 06, 2025
Papa John's Franchisee Fails To Pay All Wages, Worker Says
A Papa John's franchise owner failed to properly pay workers minimum wage and overtime pay and did not provide workers with meal and rest periods, according to a lawsuit filed in California state court.
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February 06, 2025
Allstate Collected, Sold Driver Data, Suit Alleges
Allstate unlawfully collected the driving data of at least 45 million policyholders through software integrated in third-party mobile apps, using information about their driving behavior as a basis for denying coverage, hiking up auto insurance premiums, or dropping them from coverage altogether, according to a proposed class action filed in Illinois federal court Wednesday.
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February 06, 2025
GSK's Zantac Woes Gave Investors Heartburn, Suit Says
The maker of heartburn and acid reflux relief tablet Zantac has been hit with a shareholder suit in Pennsylvania federal court alleging that the company suffered stock price losses after it was revealed that for nearly 40 years the company knew that Zantac contained high levels of a cancer-causing compound.
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.