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Class Action
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July 09, 2025
CVS Hit With Class Action Over Unwanted Telemarketing Texts
CVS Health Corp. has been hit with a proposed class action in Georgia federal court for allegedly violating the Telephone Consumer Protection Act by sending unwanted telemarketing text messages to individuals whose phone numbers are on the National Do Not Call Registry.
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July 09, 2025
Mass. Cos. Must Keep Bottled Water Flowing In PFAS Case
A Massachusetts federal judge has ordered defendant companies to keep providing bottled water to residents of Westminster, Massachusetts, maintaining the status quo while the court determines whether those companies have made the residents' tap water sufficiently safe from so-called forever chemicals.
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July 08, 2025
Breaking Down Stewart's Nonstop Discretionary Denial Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.
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July 08, 2025
Intel Seeks Final Toss Of Investor Suit Over Chip Struggles
Intel Corp. urged a California federal judge Tuesday to permanently toss a twice-amended complaint from investors claiming the company concealed struggles with expanding its domestic computer chip manufacturing, arguing that the plaintiff doesn't claim that Intel made any misleading statements.
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July 08, 2025
Insurer Fights ACA Loss, Citing Justices' Trans Care Ruling
Premera Blue Cross urged a Washington federal court to rethink an early win it granted against the insurer over its coverage policy for gender dysphoria surgery, arguing the U.S. Supreme Court's recent decision in U.S. v. Skrmetti is dispositive of a sex discrimination claim in the case.
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July 08, 2025
Product Liability Cases To Watch In 2nd Half Of 2025
The fate of a $2.5 billion punitive damages award against Ford and looming bench verdicts in the first PFAS trials brought by a state are among the cases that product liability attorneys will be following closely in the second half of 2025.
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July 08, 2025
Alphabet's $500M Investor Deal Over Compliance Gets 1st OK
A California federal judge gave preliminary approval Tuesday to Google parent Alphabet's Inc.'s settlement with investors alleging that executives engaged in anticompetitive and monopolistic practices, saying she wants to hear shareholders' reactions to Alphabet's agreement to spend $500 million over the next decade building a global regulatory compliance program before she grants final approval.
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July 08, 2025
Puerto Rico Bond Suit Doesn't Belong In Conn., Insurers Say
The insurers of billions in bonds issued by the Puerto Rico Sales Tax Financing Corp. say a Connecticut federal judge can't hear a proposed class action accusing them of failing to pay bondholders the full value of their investments after a 2016 bankruptcy default.
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July 08, 2025
CME Says Investors Shouldn't Get $2B Over Trading Changes
A class of CME Group members seeking more than $2 billion over allegedly broken promises to preserve their exclusive floor trading rights following a demutualization should lose their case because they're not entitled to something their decades-old contracts never contemplated, counsel for the exchange operator told an Illinois jury Tuesday.
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July 08, 2025
Chancery OKs Spike Of Bumble Committee Stock Suit
A Delaware vice chancellor cleared the way late Tuesday for termination of a suit seeking derivative damages for Bumble Inc. arising from a $1.1 billion sale of shares by the dating app giant's private equity controller ahead of a stock drop allegedly fueled by bad news in late 2021.
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July 08, 2025
Chicago Nabs Early Win In City Workers' Genetic Bias Suit
The city of Chicago defeated allegations that the genetic information of two employees was taken when their spouses took part in a wellness program, with an Illinois federal judge finding that evidence does not back the claims that detailed information was disclosed in violation of federal law.
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July 08, 2025
Mich. Judge Certifies Edenville Dam Flood Victim Classes
A Michigan claims court judge has certified classes of businesses and residents affected by flooding from the collapse of a hydroelectric dam, ahead of a January trial to determine if state agencies are liable for the disaster.
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July 08, 2025
States Back Enviro Orgs. Bid To Block EPA's Halt Of $3B Grant
A group of Democratic attorneys general on Monday told a D.C. federal district court that the U.S. Environmental Protection Agency's decision to terminate environmental justice grants deprives vulnerable communities of funding "necessary to achieve a healthy environment."
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July 08, 2025
Mylan Securities Class Action Over W.Va. Plant Will Proceed
A Pennsylvania federal judge on Tuesday denied a win for former pharmaceutical company Mylan NV in a proposed shareholder class action accusing the company of manipulating quality control tests at a West Virginia plant, saying the plaintiff has met the burden of showing a link between misrepresentations and financial losses.
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July 08, 2025
Feds Fight Class Injunction Bid In Birthright Citizenship Row
The Trump administration Monday opposed two immigration advocacy groups' bid to block President Donald Trump's birthright citizenship executive order for a proposed nationwide class, saying the groups were essentially seeking a universal injunction that the U.S. Supreme Court had recently rejected.
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July 08, 2025
Wells Fargo Seeks Dismissal Of COVID-19 Mortgage Suit
Wells Fargo said a North Carolina woman's claims that the bank forced the short sale of her home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic should be dismissed for several reasons, including that the short sale never actually occurred.
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July 08, 2025
Former Homeowners Land Cert. In Ill. Property Tax Sale Suit
An Illinois federal court has certified a class of Cook County residents who were stripped of excess equity when their residential properties were sold to recoup property taxes, overriding county objections that homeowners should have to litigate cases individually.
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July 08, 2025
4th Circ. Revives Medical Device Co.'s Claim In Contract Suit
The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.
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July 08, 2025
4th Circ. Won't Pause Ex-Naval Engineers' No-Poach Ruling
The Fourth Circuit on Tuesday sent a revived class action alleging that shipbuilding military contractors used no-poach agreements to suppress wages back to district court, rejecting the contractors' motion for a stay while they prepare to send a certiorari petition to the U.S. Supreme Court.
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July 08, 2025
BCBS Of Mich. Wants Yacht Company's ERISA Fight Tossed
A Michigan Blue Cross Blue Shield affiliate urged a federal court to toss a yacht company's suit alleging mismanagement of its employee health plan, arguing its allegations that out-of-network claims were mishandled were time-barred and failed to state a claim for violating federal benefits law.
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July 08, 2025
Wells Fargo Wants Investors' 'Sham' Hiring Suit Tossed
Wells Fargo & Co. is once again looking to rid itself of a California-based class action accusing it of deceiving investors about its hiring practices, arguing that suing shareholders have not found any evidence that so-called sham job interviews were widespread at the bank.
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July 08, 2025
Del. Suit Accuses Auto Biz CEO Of Using Co. As 'Piggy Bank'
Four stockholders of a former Florida-headquartered auto sales and leasing venture once valued above $40 per share have aimed a Delaware Court of Chancery derivative suit at its current CEO and sole board member, alleging that he looted the car company and drove it into delisting.
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July 08, 2025
Academic Researchers Defend Publisher Antitrust Claims
Academic researchers are defending a proposed class action in New York federal court accusing six of the largest academic journal publishers of colluding to block compensation for peer review services while suppressing competition for scholarly manuscripts.
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July 08, 2025
Amazon Wants To Challenge Class Cert. Bid On The Stand
Amazon has asked a Washington state federal judge to let it interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, arguing that an evidentiary hearing, with cross-examination, is needed in the antitrust litigation accusing it of keeping online retail prices artificially high.
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July 08, 2025
Vaxart Investors Can Pursue Suit Over COVID Vax Claims
A California federal judge declined to grant an early win to the onetime controlling shareholder of Vaxart in an investor suit alleging it dumped stock at inflated prices following deceptive headlines about the biotechnology company's ability to produce a COVID-19 vaccine.
Expert Analysis
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Chancery Ruling Holds Authorized Share Takeaways For Cos.
The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Bill Would Bring Welcome Clarity To Del. Corporate Law
A recently proposed bill in Delaware that would provide greater predictability for areas including director independence and controlling stockholders reflects prudential adjustments consistent with the state's long history of refining and modernizing its corporate law, say attorneys at Simpson Thacher.
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Opinion
At 100, Federal Arbitration Act Is Used To Thwart Justice
The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.
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Partially Faulting Airline For 401(k) ESG Focus Belies ERISA
A Texas federal court's recent finding that American Airlines breached its fiduciary duty of loyalty, but not of prudence, by letting its 401(k) pursue environmental, social and governance investments, misinterprets the Employee Retirement Income Security Act's standard of care, says Jeff Mamorsky, a Cohen & Buckmann partner and ERISA drafter.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.