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Class Action
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May 12, 2025
AI Training May Need Licensing, Copyright Office Says
Using copyrighted material to train generative artificial intelligence systems may not always be excused by fair use, the U.S. Copyright Office said in a highly anticipated report addressing the issue, suggesting that licensing may be required in some instances.
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May 12, 2025
SharkNinja Hit With Post-Recall Suit Over Pressure Cookers
SharkNinja knew about or failed to uncover a defect in a lid locking mechanism for more than 1 million pressure cookers, ultimately leading to a recall that was "grossly deficient" and left consumers with a "worthless" product, according to a proposed class action in Massachusetts federal court.
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May 12, 2025
Homeowners, Title Co. Settle Excessive Notary Fees Suit
Two homeowners and Equity National Title informed a Pennsylvania federal court that the parties have reached a settlement in the homeowners' proposed class action alleging the title company charged excessive notary fees.
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May 12, 2025
Red Cross Strikes Deal In Suit Over 401(k) Funds, Fees
The American National Red Cross has agreed to pay $950,000 to resolve a suit claiming it cost workers millions in savings by keeping underperforming funds in its $1.2 billion retirement plan and allowing high fees, according to a D.C. federal court filing.
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May 12, 2025
NJ Judge Approves Bed Bath & Beyond's $1.95M ERISA Deal
A New Jersey federal judge gave an initial nod to a $1.95 million deal to resolve a proposed class action accusing Bed Bath & Beyond's 401(k) committee of mismanaging 2,100 employees' retirement plan before ultimately scrapping that plan entirely and declaring bankruptcy.
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May 09, 2025
LNG Exporter's Brass Face Investor Suit Over IPO Risk Claims
Officers and directors of liquefied natural gas exporter Venture Global Inc. face shareholder derivative allegations after trading prices for its shares sunk twice on the heels of its January initial public offering following revelations about its pre-IPO business.
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May 09, 2025
Estate Fights Bid To End Fla. Nitrous Oxide Death Suit
The estate of a woman who died after inhaling nitrous oxide as a recreational drug urged a Florida federal judge to dismiss bids to reject the proposed class action from several smoke shops, arguing that the case should instead be sent back to state court.
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May 09, 2025
Split 4th Circ. Revives Naval Engineers' No-Poach Case
A split Fourth Circuit panel Friday revived a putative class action accusing major shipbuilders and naval engineering consultants of an illegal "no-poach" conspiracy, with the majority holding that just because the alleged conspirators never formalized their purported agreements in writing, it doesn't mean the conspiracy can't be unlawful.
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May 09, 2025
Calif. Bar Seeks Provisional Licenses And More For Exam Snafu
California Bar trustees voted on Friday to ask the state Supreme Court to grant provisional licenses to the hundreds of applicants who did not pass the tumultuous February bar exam, which was rife with technical, proctoring and procedural issues.
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May 09, 2025
Treasury Pushes To Ax Shareholders' FHFA Director Suit
The federal government has said a Fannie Mae and Freddie Mac shareholder complaint should be dismissed because it is "devoid of any allegations" that tenure protections for the Federal Housing Finance Agency's director affected their dividend payments.Â
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May 09, 2025
Investor Claims PE Firm Filed False Financial Statements
A private equity firm and several of its executives were hit with a proposed class action in California federal court Friday alleging the firm filed several false and misleading financial statements with the U.S. Securities and Exchange Commission, causing the firm's stock price to drop when they could no longer be relied upon.
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May 09, 2025
Vanguard Shared Customer Data With Meta, Others, Suit Says
Investment management company the Vanguard Group has been hit with a class action by users of its electronic services, claiming that the company allowed customers' personal information to be intercepted by LinkedIn, Meta and Google to build profiles based on their web habits.
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May 09, 2025
Terraform Labs Backer Can't Ship Fraud Suit To Arbitration
An early backer of failed crypto platform Terraform Labs cannot escape a lawsuit accusing it of propping up the company's fraud by sending the case to arbitration, with an Illinois federal judge ruling that the investor was not a signatory to a contract signed by users of the platform.
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May 09, 2025
Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts
A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.
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May 09, 2025
Coinbase Accused Of Charging Hidden Crypto Trading Fees
Crypto traders have accused Coinbase of charging them hidden "spread fees" by deceptively inflating cryptocurrency prices and hiding the fees in the price quotes, in violation of California and New York's consumer protection laws.
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May 09, 2025
Funds Fight GM Push For 2nd Look At Bid To Toss Cruise Suit
Investor plaintiffs have told a Michigan federal judge that General Motors shouldn't get a second chance to avoid proposed class claims alleging its self-driving car unit Cruise LLC misrepresented the technological capabilities and commercial readiness of its autonomous vehicles.
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May 09, 2025
Working While Caged: The Fight To End Forced Prison Labor
Inmates battling wildfires are just the tip of the iceberg in a largely invisible workforce of more than 800,000 people who work for meager pay while incarcerated. Civil rights lawyers, advocates and some elected officials are pushing to change the legal framework that enables prison labor practices, which many trace back to American slavery and the 13th Amendment.
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May 09, 2025
Musk Accused Of Underpaying Petition Bounties
Elon Musk and his political action committee America PAC got hit with another proposed class action by swing-state voters who say they were not fully paid for putting their names to the petition that he and his PAC promised up to $100 for signing before the 2024 election.
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May 09, 2025
SoCal Edison Sued Over Eaton Fire Toxins That Harm Kids
Los Angeles Eaton Fire victims have hit Southern California Edison with another proposed class action in California state court, seeking to hold the utility liable for "an environmental catastrophe" caused by the fire, which allegedly continues to expose locals and their children to lead, asbestos and other highly toxic substances.
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May 09, 2025
6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits
A recent Sixth Circuit decision that backed the dismissal of a proposed class action against an auto parts maker demonstrates how appellate courts are raising the bar for cases alleging breaches of fiduciary duty under federal benefits law, experts say.
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May 09, 2025
Disney Nears Prelim Approval On $43M Gender Pay Bias Deal
A California judge said Friday he intends to grant preliminary approval of a $43.25 million class action settlement in a suit alleging Disney paid thousands of women in middle management less than their male colleagues.
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May 09, 2025
X Paying Millions In Severance Arbitration Losses, Atty Says
X Corp. has lost nine out of every 10 arbitrations over former Twitter employees' claims they were shorted on severance payouts after Elon Musk's takeover of the social media company, resulting in awards ranging from $100,000 to millions of dollars, one of the workers' attorneys told a California federal judge.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Off The Bench: Latest NIL Deal Fix, More WWE Court Troubles
In this week's Off The Bench, the NCAA tries again to get its multibillion-dollar compensation settlement approved, two sets of accusers draw Vince McMahon's history of misconduct at the WWE into their complaints, and the men's tennis tour was ordered to stop threatening players over joining an antitrust suit.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
Expert Analysis
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.