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Class Action
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June 13, 2025
Home Sellers Say Brokerages Can't Pause Mo. Antitrust Case
A proposed class of home sellers urged a Missouri federal court to deny two brokerages' second request to stay proceedings against them in a consolidated antitrust broker fees class action while they finalize a parallel settlement in what sellers have called "copycat" proceedings in Georgia.
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June 13, 2025
Ga. Bank Ends Ex-Workers' Suit Over Liquidation Of Shares
A Georgia-based bank agreed to settle a proposed class action claiming it unlawfully forced former workers out of its employee stock ownership plan, preventing them from receiving their share of a $23.3 million dividend on company stock, according to a filing Friday in federal court.
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June 13, 2025
Fired CSX Worker Says FMLA Claims Are Timely
A former CSX Transportation Inc. employee's suit claiming he was fired for taking leave under the Family and Medical Leave Act were on pause while a similar class action was being litigated, he told a Florida federal judge Friday, urging the court to reject the transport company's dismissal bid.
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June 13, 2025
Casino Workers Say Mich. Tribe Can't Exit Data Breach Suit
A group of casino employees are fighting a motion in Michigan federal court by the Sault Ste. Marie Tribe of Chippewa Indians to throw out a proposed class action involving a data breach, arguing that tribal sovereign immunity does not bar the lawsuit.
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June 13, 2025
Ex-UMich Coach Fights Default Judgment In Hacking Case
A former University of Michigan assistant football coach accused of hacking the personal information and intimate photos of thousands of students has asked a Michigan federal judge to set aside a default entry against him, saying in the pro se filing that he was never properly served.
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June 13, 2025
3 Firms Get Early Lead Roles In Daedong Data Breach Claims
A North Carolina federal judge handed three plaintiffs firms interim lead counsel roles in a proposed class seeking to hold tractor manufacturer Daedong-USA Inc. accountable for a data breach, while also agreeing to consolidate the three suits.
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June 13, 2025
Chervon, Lowe's Say Recall Blocks Explosive Battery Suit
Chervon North America Inc. and Lowe's Home Centers LLC urged an Illinois federal court Friday to throw out a proposed class action alleging they made and sold lithium-ion batteries that were prone to overheating and combusting, saying a December recall already provided all the relief the plaintiffs could receive.
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June 13, 2025
Ichor, Orthofix CEOs Face Suits Over 'Short-Swing' Gains
The CEOs of semiconductor manufacturing company Ichor Holdings Inc. and orthopedic solutions company Orthofix Medical Inc. were hit with suits alleging they owe "short-swing" profits to their respective companies after buying and selling company stock within a six-month period.
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June 13, 2025
Calif. Residents Sue Over 'Pick 'Em' Fantasy Sports Contest
A pair of San Francisco residents filed a proposed class action in California federal court against SidePrize LLC for allegedly telling customers its "Pick 'Em" daily fantasy sports contests are legal in the state when they are actually prohibited gambling operations.
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June 13, 2025
Fla. Judge Tosses $500M Red Cross Haiti Relief Suit
A Florida federal judge has tossed a proposed class action accusing the American Red Cross of misusing over $500 million meant for Haitian earthquake victims after finding that the plaintiffs failed to establish standing.
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June 13, 2025
Midyear Report: 5 ERISA Decisions Attys Should Know
The U.S. Supreme Court revived retirement plan mismanagement allegations against Cornell University, the Sixth Circuit restarted a yacht company's suit against its health benefits administrator and American Airlines took a hit for emphasizing socially conscious investing in its 401(k) plan decisions. Here are five important decisions that came down in Employee Retirement Income Security Act cases during the first half of this year.
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June 13, 2025
CVS Wants To Halt Ark. Law Banning PBM-Owned Pharmacies
CVS urged an Arkansas federal judge to block a new state law from taking effect that would ban pharmacy benefits managers from owning pharmacies in the state, arguing the law shirks the U.S. Constitution by tamping down competition and discriminating against out-of-state businesses.
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June 13, 2025
$69M UnitedHealth 401(k) Deal Gets Green Light
A Minnesota federal judge granted final approval to a $69 million settlement agreement ending a class action claiming UnitedHealth Group kept underperforming funds in its 401(k) plan to preserve a business relationship with Wells Fargo.
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June 13, 2025
Hemp Vape Maker Wants Out Of Buyer's Delta-9 THC Suit
The maker of hemp-based electronic cigarettes under the Cake brand is asking a California federal judge to throw out a buyer's claim that the products illegally exceed federal thresholds for delta-9 THC content, saying his vague complaint doesn't meet pleading standards.
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June 13, 2025
Firms Get $275K Refund After $5M Overbilling Probe
Labaton Keller Sucharow LLP, Thornton Law Firm LLP and Lieff Cabraser Heimann & Bernstein LLP will get a total of about $275,000 back after collectively spending more than $5 million on a lengthy investigation into overbilling and other fee improprieties, a Massachusetts federal judge said Friday.
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June 12, 2025
Calif. Insurance Chief Probes State Farm's Wildfire Coverage
California Insurance Commissioner Ricardo Lara announced Thursday that he is launching an investigation into State Farm's handling of thousands of claims from the devastating Los Angeles-area wildfires, as complaints continue to grow.
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June 12, 2025
Domino's Seeks To Shake Suit Over Performance Statements
Domino's Pizza Inc. pushed for the dismissal of a proposed securities class action alleging the pizza giant knew that a major franchisee would underperform when the company made positive, forward-looking statements to shareholders, arguing that the claims are based on assertions over which the chain can't be sued.
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June 12, 2025
'I Want Names': YouTube Attys' MDL Redactions Face Scrutiny
A California federal magistrate judge ordered YouTube on Thursday to provide him with unredacted versions of documents it produced in sprawling multidistrict litigation over claims social media is addictive, and demanded that YouTube identify counsel who made its relevance-redaction determinations, saying. "I want names and I want teams."
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June 12, 2025
Roundup Plaintiffs' Rip Of Expert Was Off Base, Jury Hears
A Missouri jury weighing a Roundup cancer case heard expert testimony Thursday that plaintiffs offered a "remarkable mischaracterization" of a defense expert witness on cancer causation when they said in openings that he was "discredited."
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June 12, 2025
Volkswagen Beats SUV Owner's Out-Of-Warranty Defect Suit
An Alabama federal judge on Wednesday tossed a Volkswagen owner's putative class action accusing the automaker of refusing to cover her allegedly defective SUV under warranty, saying the driver sought repairs outside of warranty limits and failed to show that the vehicle was so unsafe that it was defective.
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June 12, 2025
Live Nation Defending 'Unfair' Arbitration, Justices Told
Concertgoers suing Live Nation over allegedly anticompetitive conduct urged the U.S. Supreme Court on Thursday not to take up the company's bid to force them into arbitration, arguing that lower courts rightly dinged a switch to a new arbitrator with strict rules meant to limit mass arbitration tactics by the plaintiffs' bar.
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June 12, 2025
Turkey Buyers Fight Burford Units' Objection To Cargill Deal
Direct purchasers of turkey have told the Illinois federal judge handling consolidated turkey price-fixing litigation that he should disregard two litigation funding subsidiaries' untimely attempt to lodge what they called a meritless challenge to a nearly finalized price-fixing settlement with Cargill Inc.
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June 12, 2025
Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia
A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers knowingly sold vehicles with design flaws that resulted in a car theft crime spree.
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June 12, 2025
High 5 Can't Slash $7M Enhanced Damages In App Case
A Washington federal judge denied High 5 Games' post-trial bid to toss or lower a $7.2 million enhanced damages award for operating illegal casino-style mobile apps, finding that the amount was properly decided by a jury and complied with limits under Evergreen State consumer protection law.Â
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June 12, 2025
Shoe Co. Fails To Pay Overtime, Store Managers Say
A shoe retailer requires store managers to put in work outside of the store handling staffing and operations matters on top of the 40 hours of work they put in each week at the store, a proposed collective action filed in North Carolina federal court said.
Expert Analysis
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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Implications Of Kid Privacy Rule Revamp For Parents, Cos.
The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.