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Class Action
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April 09, 2025
Bristol Myers Beats Pomalyst Antitrust Suit Alleging IP Fraud
A New York federal judge has tossed a proposed antitrust class action accusing Bristol Myers' Celgene subsidiary of fraudulently obtaining patents and filing "sham" infringement lawsuits to block generic versions of its blood-cancer drug Pomalyst, finding that the indirect drug buyer plaintiffs lack standing and haven't plausibly alleged fraud.
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April 09, 2025
Live Nation Likely Won't Escape Concertgoers' Antitrust Suit
A California federal court indicated on Wednesday that he's not inclined to toss an antitrust case from consumers accusing Live Nation Entertainment Inc. and Ticketmaster LLC of monopolizing the concert ticketing market following their 2010 merger.
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April 09, 2025
2nd Circ. Allows Takeda To Appeal Actos Antitrust Class Cert.
A split Second Circuit will allow Takeda Pharmaceuticals Co. to immediately appeal a New York federal judge's ruling certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing the company of unlawfully inflating the price of its diabetes treatment Actos by delaying the entry of generic alternatives.
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April 09, 2025
Native Company Escapes Deodorant False Ad Claims
A proposed class action accusing the trendy Native deodorant, a Procter & Gamble brand, of overhyping its spray quality was dismissed on Wednesday, with a New York federal judge saying reasonable consumers do not think the company's "72-hour odor protection" promise means they'll get three stink-free days.
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April 09, 2025
CrowdStrike Says Outage 'Unfortunate,' Not Securities Fraud
CrowdStrike Holdings Inc. has urged a Texas federal judge to toss a shareholder suit accusing it of mischaracterizing the measures it was taking to prevent a system crash, which caused its stock price to plummet after the platform experienced a massive outage last year, saying the outage was "unfortunate ... but it did not reveal any securities fraud."
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April 09, 2025
Judge Lets NIL Fraud Suit Against UF Boosters Move Forward
A Florida federal judge on Tuesday declined to dismiss the lawsuit of college quarterback Jaden Rashada, who accused University of Florida boosters of luring him with fraudulent promises that cost him a deal with another school, saying his claims of fraud and negligence are detailed enough to proceed.
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April 09, 2025
Seattle Hospital Agrees To Pay $16M To End Meal Break Suit
Seattle Children's Hospital has agreed to pay $16 million to settle a proposed class action brought by hospital workers who say they were denied required meal breaks in violation of Washington wage and hour laws.
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April 09, 2025
Mortgage Co. Can't Toss 401(k) Mismanagement Suit
A North Carolina federal judge refused to toss a proposed class action against Republic Mortgage Insurance Co. from an ex-worker who alleged his 401(k) plan was mismanaged, finding allegations were backed up with enough evidence to proceed to discovery.
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April 09, 2025
Holders Of Section 8 Vouchers Sue Housing Agency Over Rent
A proposed class of people who receive Section 8 vouchers from the New York City Housing Authority are accusing the agency of unlawfully allowing certain landlords to raise their rents so high that their tenants risk being evicted.
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April 09, 2025
GameStop Customer Wants 'Boring' Browsing To Stay Private
GameStop Inc.'s use of third-party software to record customers' online browsing violates Pennsylvania's wiretap law, even if the data collected isn't sensitive or traceable to a particular person, a proposed class representative told the Third Circuit during an oral argument Wednesday.
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April 09, 2025
Colo. Landlord Urges Ax Of Neglect, Junk Fee Class Action
A multifamily landlord urged a Colorado federal court to dismiss proposed class action claims alleging it allowed maintenance and safety violations to pile up and charged residents surprise junk fees, alleging differences between tenants doom a class action approach.
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April 09, 2025
Texas, NY Judges Halt Trump's Removals Under Wartime Law
Federal judges in Texas and New York barred the Trump administration on Wednesday from deporting alleged Venezuelan gang members under the 1798 Alien Enemies Act, after the U.S. Supreme Court said such individuals are entitled to judicial review.
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April 09, 2025
Mortgage Lender Misclassifies Underwriters, Worker Says
A mortgage lender unlawfully classifies underwriters as exempt from earning overtime pay despite their job duties not falling under the requirements to warrant exemption, according to a proposed class and collective action filed in Georgia federal court.
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April 08, 2025
Jazz Agrees To Pay $145M To Settle Xyrem Antitrust Fight
Jazz Pharmaceuticals has agreed to pay $145 million to resolve antitrust litigation accusing it of working with its rival Hikma Pharmaceuticals to stave off generic competitors to Jazz's narcolepsy drug Xyrem, the Ireland-based pharmaceutical company revealed Tuesday.
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April 08, 2025
'There Is No Duty To The World,' Hyundai Tells 9th Circ.
Hyundai urged the Ninth Circuit on Tuesday to toss negligence claims from cities in consolidated litigation alleging the automaker and its Kia subsidiary sold vehicles with design flaws that spawned car thefts prompted by a social media challenge, saying the cities are trying to impose on manufacturers "a duty to the world."
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April 08, 2025
Google Accused Of Secretly Harvesting Student School Data
A group of parents hit Google LLC with a proposed class action in California federal court Monday, accusing the tech giant of using its K-12 education products to secretly harvest "massive" amounts of information on tens of millions of school age children without consent from students or their parents.
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April 08, 2025
TelexFree Investors Can't Sue Wells Fargo, Others As Class
A Massachusetts federal judge on Tuesday refused to grant class certification in a suit from investors claiming they lost money in the massive TelexFree Ponzi scheme, siding with a handful of defendants remaining in the multidistrict litigation.
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April 08, 2025
Four Robinhood Users Must Arbitrate Meme Stock Claims
A Florida federal judge overseeing the multidistrict litigation over Robinhood's decision to freeze trading in certain so-called meme stocks ordered four remaining plaintiffs in the case to arbitrate their claims, writing in an order that there's no dispute a valid arbitration agreement exists.
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April 08, 2025
ACLU Sues To Block Deportation Of Venezuelan Nationals
The American Civil Liberties Union filed an emergency lawsuit on Tuesday in Manhattan federal court seeking to halt the deportation of Venezuelan nationals under the Alien Enemies Act, after the Supreme Court ruled the Trump administration can proceed with doing so.
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April 08, 2025
FCA Seeks Sanctions For Driver Who Got Rid Of His Vehicle
Fiat Chrysler Automobiles says a proposed class action over allegedly defective door panels in older model Dodge Chargers and Chrysler 300s should be ended, partly because the alleged defect isn't covered by a warranty and additionally because one of the drivers got rid of his car before the automaker could inspect it.
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April 08, 2025
Expert And 'Worthlessness Theory' Ejected In Valsartan MDL
Patients and insurers who claim they were ripped off when purchasing the contaminated blood pressure medication Valsartan won't be able to argue that the drug was worthless as a matter of law, a New Jersey federal judge overseeing the multidistrict litigation has ruled, casting doubt that the plaintiffs will secure a full refund for their purchase.
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April 08, 2025
2nd Circ. Hints Healthcare Co. Is Bound To $1.3M OT Deal
A Connecticut company could be bound by a plan to settle class action overtime wage claims for $1.34 million despite attempting to back out of an unsigned settlement agreement and hiring new counsel several months later, a Second Circuit panel hinted on Tuesday.
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April 08, 2025
Small But Sharp Hurdles Remain To NCAA's NIL Settlement
Nearly a year after the NCAA and hundreds of thousands of athletes agreed on a settlement that would finally give athletes a share of billions of dollars in revenue, enough flaws remain in the agreement — related to roster limits and the rights of future athletes entering the new system — to indefinitely hold off on its final approval.
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April 08, 2025
Bigelow Tea Buyer Class Wins $2.36M In Trial Over 'USA' Label
A California federal jury found Tuesday that R.C. Bigelow committed fraud and violated the state's Consumer Legal Remedies Act by placing a label on some tea products touting it as "Manufactured in the USA 100%," awarding a class of Golden State tea buyers $2.36 million in damages.
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April 08, 2025
DHS Accused Of Illegally Scrapping Foreign Student Records
Three anonymous current and former international students in the U.S. on F-1 visas are suing the U.S. Department of Homeland Security, alleging the agency terminated hundreds of student and exchange visitor information system records, effectively stripping them of their ability to remain in the country without due process.
Expert Analysis
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.