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Consumer Protection
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August 07, 2024
Kleenex Maker Wants Conn. PFAS Suit Tossed
Kimberly-Clark Corp. is urging a Connecticut federal judge to throw out a proposed class action, saying the suit relies on "speculation and conjecture" to claim its New Milford manufacturing facility and shuttered landfill polluted properties and exposed residents to toxic forever chemicals.
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August 07, 2024
Bank Dropped From Suit Over Alleged $100M Ponzi Scheme
Washington-based First Fed Bank and its brass have been dropped from a lawsuit claiming they aided a $100 million Ponzi scheme to defraud would-be investors in a water-vending machine company.
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August 07, 2024
TD Bank Shared Customer Data With Meta, Suit Claims
A new proposed class action in New Jersey federal court alleges TD Bank wrongfully shared customers' personal information with Meta Platforms Inc. without consent for marketing purposes.
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August 07, 2024
Santos, Feds Agree Jurors' Identities Should Be Secret
Expelled congressman George Santos wants jurors' identities protected for his trial next month on theft and identity theft charges, telling a New York federal judge on Tuesday that prosecutors feel the same given the "astounding" media attention on the case.
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August 07, 2024
Fintech Firm Says Plaintiff Is 'Forum Shopping' With NC Suit
Fintech company Figure Lending is urging a North Carolina federal judge to toss a proposed class action over its home equity lines of credit, saying the plaintiff who brought the case is forum shopping with insufficient claims that have been dismissed in other courts.
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August 07, 2024
Feds Let The Wrong Family Bury Hopi Artist's Body, Kids Say
The children of a renowned Hopi artist have sued the United States in Arizona federal court on claims that an Indian Health Service facility gave their deceased mother's body to the wrong family, saying they couldn't give her a proper burial due to the government's negligence.
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August 07, 2024
Google 'May Not Be So Lucky' Next Time Over Chat Deletions
Google's stunning antitrust loss in D.C. federal court Monday dealt another blow against its policies of letting internal chats delete automatically, and it came with a callout of its practice of training employees to avoid competition law "buzzwords."
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August 07, 2024
Advocates Tell 9th Circ. To Revive Invisalign Monopoly Suit
Competition advocates are backing the revival of a class action accusing the makers of Invisalign of monopolizing the market for clear dental aligners, telling the Ninth Circuit in a new amicus brief that a district court summary judgment ruling for Align Technology creates a dangerous precedent for refusal-to-deal cases.
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August 07, 2024
NTSB Hearing Probes FAA Review, Boeing Quality Control
The Federal Aviation Administration maintained that it is appropriately overseeing Boeing even after years of audits revealed multiple instances of unauthorized work on the aircraft builder's production line, as the National Transportation Safety Board on Wednesday scrutinized company safety and quality control programs during an investigation of the 737 Max 9 jet door plug blowout.
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August 07, 2024
Judge Hints No-Show Amazon, Apple Plaintiff May Testify
A Washington federal judge suggested Wednesday that the original lead plaintiff in an antitrust suit accusing Amazon and Apple of restricting iPhone and iPad sales may need to testify despite his lawyers wanting to drop him from the case, questioning if it would be fair to let the plaintiff continue to dodge long overdue discovery demands.
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August 07, 2024
Biden Trampled Free Speech With Israeli Sanctions, Suit Says
A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.
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August 07, 2024
Conn. Dispensary Fights $500K Fee Over Application Mishap
A Connecticut medical cannabis dispensary is suing a state consumer agency for denying a $500,000 fee waiver as a social equity applicant in a dispute over whether the state properly processed the shop's amended application to also sell recreational pot as a hybrid business, which the state denied.
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August 07, 2024
High Court Urged To Put Hold On NY Broadband Price Cap
A half-dozen trade groups asked the U.S. Supreme Court to block New York officials from enforcing a state law that sets a maximum price for consumer broadband, reigniting a federal appeals court fight over the limits of rate regulation.
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August 07, 2024
Dems Push For Scrutiny On Fox, ESPN, Warner Bros. JV
Three Democratic lawmakers on Wednesday urged the Federal Communications Commission and U.S. Department of Justice to investigate a proposed joint venture between Fox, Warner Bros. Discovery, and Disney subsidiary ESPN that would create a new streaming service called Venu Sports, arguing the partnership would lead to higher prices and fewer choices for consumers.
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August 07, 2024
2nd Circ. Affirms Yale's Win In COVID-19 Tuition Refunds Fight
The Second Circuit on Wednesday affirmed Yale University's win in a student's proposed class action challenging the university's refusal to issue tuition refunds after switching to virtual classes during the COVID-19 pandemic, finding the student's implied contract with Yale gave the university discretion to respond to such "force majeure" public-health events.
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August 07, 2024
6 Swipe Fee Plaintiffs 'Arbitrarily' Picked For 2025 Trial
Six retailers including department store giant Target will go to trial in 2025 on claims that Visa and Mastercard overcharged them, a Manhattan federal judge said Wednesday, explaining that he arbitrarily chose from among 60 plaintiffs in a long-running, multibillion-dollar antitrust battle.
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August 07, 2024
FCC Seeks To Help Consumers Identify AI-Generated Calls
The Federal Communications Commission proposed Wednesday to more precisely define "AI generated call" as it seeks to expand consumers' ability to opt out of receiving robocalls and texts that use artificial intelligence.
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August 07, 2024
Mich. Insurance Agency Pushes Carriers To Safeguard AI Use
The Michigan Department of Insurance and Financial Services urged insurance companies Wednesday to establish a program for the responsible use of artificial intelligence systems to comply with state laws barring unfair practices and discrimination in underwriting.
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August 07, 2024
FTC Asks Courts To Pause $8.5B Handbag Merger
The Federal Trade Commission has asked a New York federal court to pause the planned $8.5 billion merger between the owners of Coach and Michael Kors while the agency conducts an in-house merger challenge.
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August 07, 2024
Delta Faces Class Action For 'Disastrous' IT Outage Response
Four customers hit Delta Air Lines Inc. with a proposed class action, claiming its "disastrous" response to a massive IT outage last month left them and thousands of others stranded and forced to pay for other flights, accommodations, rental cars and meals, with the airline refusing or ignoring refund requests.
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August 07, 2024
GM, Allied Unit Dodge Sanctions In Security Guard Bias Suit
A Michigan federal judge declined to sanction General Motors and a private security company Wednesday over a discovery issue, ruling that Black visitors to a GM-owned group of skyscrapers filed "nearly incomprehensible" requests in their suit claiming they were harassed and unlawfully detained.
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August 07, 2024
'The Eggs Are Fresh From A Farm': Kroger Fries False Ad Suit
Kroger defeated a proposed class action accusing it of misleading customers into thinking its "farm fresh eggs" came from free-roaming hens on grassy fields, despite coming from caged hens, after an Illinois federal judge said Wednesday the term "means precisely what it says: the eggs are fresh from a farm."
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August 07, 2024
Ohio AG Cites Search Ruling In Google Common Carrier Suit
Ohio's attorney general pointed a state court judge Wednesday to a recent D.C. federal court decision declaring Google an illegal search monopolist, arguing the U.S. Department of Justice's win underscores why the internet giant should be banned from self-preferential treatment as a "common carrier."
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August 07, 2024
Khan 'Impermissibly Conflicted' In Cyber Probe, MGM Says
MGM Resorts International fought Wednesday to keep alive its lawsuit accusing the Federal Trade Commission of wrongly refusing to recuse chair Lina Khan from an investigation into the company's data security practices, arguing that its case involves core constitutional issues that belong in the D.C. federal court.
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August 07, 2024
Ripple Ordered To Pay $125M Penalty In SEC Case
A New York federal judge ordered Ripple Labs Inc. to pay a $125 million civil penalty on Wednesday in a long-awaited order addressing remedies for the blockchain company's failure to register institutional sales of its XRP token with the U.S. Securities and Exchange Commission.
Expert Analysis
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Series
After Chevron: Scale Tips Favor Away From HHS Agencies
The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.
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Realtor Settlement May Create New Antitrust Pitfalls
Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry
As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
NC Banking Brief: All The Notable Legal Updates In Q2
After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.