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Class Action

  • August 11, 2025

    Catching Up With Delaware's Chancery Court

    Nielsen Holdings Ltd. and consumer intelligence spinoff Nielsen Consumer IQ agreed to end their dispute, a sole investor asked the court to name him lead plaintiff in a suit challenging Endeavor's $13 billion take-private deal, and the Chancery Court announced a new, automated case assignment regime. Here's the latest from the Delaware Chancery Court.

  • August 11, 2025

    FTX Customers Aim To Beef Up Case Against Fenwick & West

    New information that has emerged since customers of the now-collapsed cryptocurrency trading platform FTX Trading Ltd. sued Fenwick & West LLP over the firm's alleged role in that collapse justifies updating the complaint against the firm, those customers told a Florida federal court Monday.

  • August 11, 2025

    Rising Star: Bernstein Litowitz's Thomas James

    Thomas James of Bernstein Litowitz Berger & Grossmann LLP has represented numerous classes of investors as they take on corporate misconduct, including winning verdicts worth hundreds of millions of dollars, earning him a spot among the class action practitioners under age 40 honored by Law360 as Rising Stars.

  • August 11, 2025

    AI Firm Anthropic Can't Get Pause For Early Fair Use Appeal

    A California federal judge on Monday denied a request from artificial intelligence firm Anthropic to pause a case over its use of books to train its large language model so it could appeal a ruling saying a jury would decide whether damages were warranted for the company's use of pirated works.

  • August 11, 2025

    Investors Sue CTO Realty Over Alleged Dividend Deception

    A proposed class of shareholders in retail-focused real estate investment trust CTO Realty Growth Inc. filed a lawsuit in Florida federal court claiming the REIT misled them about its financial metrics, the sustainability of dividends and the profitability of an Atlanta mixed-use community.

  • August 11, 2025

    Suit Alleges Offshore Sportsbook Ignored Opt-Out Requests

    A California man filed a proposed class action against the offshore sportsbook MyBookie, saying it bombards him with text messages promoting its various offerings despite his repeated attempts to opt out of the communications.

  • August 08, 2025

    9th Circ. Grounds Lufthansa Refund Deal On Atty Fee Question

    The Ninth Circuit on Friday vacated an order that granted class certification and gave final approval to a $56.6 million settlement reached between Lufthansa and customers in a dispute concerning refunds for flights canceled due to COVID-19, saying a district court's calculation gave class counsel a disproportionate distribution.

  • August 08, 2025

    3rd Circ. Affirms Toss Of GameStop Website Tracking Suit

    The Third Circuit refused to revive a proposed class action accusing GameStop of violating Pennsylvania's wiretap law through its use of third-party software to record website visitors' browsing activities, finding that the plaintiff failed to show that the alleged interception of her non-personal data caused a sufficiently concrete injury.

  • August 08, 2025

    6th Circ. Revives Dodge Ram Drivers' Emissions Fraud Claims

    The Sixth Circuit signaled Friday that federal law doesn't preempt a group of drivers' claims alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed Dodge Ram trucks as being more environmentally friendly than they actually were, punting the dispute back to Michigan federal court.

  • August 08, 2025

    Boeing Supplier, Investors Reach $29M Deal In 737 Max Suit

    Spirit AeroSystems Holdings Inc. reached a $29 million settlement with investors, seeking to resolve a lawsuit accusing the company of failing to disclose pervasive quality problems and a history of supplying its chief customer, The Boeing Co., with defective plane parts.

  • August 08, 2025

    Urgent Care Operator Must Face Meta Pixel Privacy Claims

    A Midwest Express clinic patient can proceed with her lawsuit targeting the urgent care clinic's use of tracking tools including Meta's Pixel to share personal health information with the social media company because she's outlined plausible federal and state privacy violations, an Illinois federal judge has ruled.

  • August 08, 2025

    BofA Must Face Trust Property Suit, Ga. Judge Says

    A Georgia federal judge refused to let Bank of America escape a proposed class action accusing it of overcharging residential trusts for insurance, ruling in part that the named plaintiff can seek damages for his breach of trust claim against the bank.

  • August 08, 2025

    Trump's Birthright Order Blocked Nationwide By Md. Judge

    All children who have been born "or who will be born" in the United States are protected from President Donald Trump's executive order that aims to strip them of their right to citizenship, as a Maryland federal judge granted them class certification and blocked enforcement of the order.

  • August 08, 2025

    Consumer Says Gambling Site Can't Force Suit Into Arbitration

    A consumer accusing the operator of a casino-oriented gambling website of allegedly creating a dangerous environment that fuels gambling addiction is fighting arbitration, telling an Illinois federal court the agreement does not exist and if it did, it would be unenforceable.

  • August 08, 2025

    Longer Child Detentions At Border Is 'Disturbing,' Judge Says

    A California federal judge overseeing enforcement of a decades-old settlement agreement governing the custody of immigrant children indicated Friday she will reject the government's effort to end the consent decree, and also finds recent reports of children being held for long periods at border stations "disturbing."

  • August 08, 2025

    DC Medicaid Recipients Win Class Cert. For Notice Row

    A D.C. federal judge granted a class certification motion lodged by a group of Medicaid beneficiaries who allege the district has violated their due process rights by failing to provide individualized written notices explaining prescription coverage denials and appeal rights.

  • August 08, 2025

    PPG Wins ERISA Life Insurance Fight After 4th Circ. Remand

    A West Virginia federal judge on Friday handed a win to PPG Industries Inc. in a dispute over retiree life insurance, ruling after a bench trial that the paint and coatings company was allowed to use a merger to transfer benefit management to an entity that later terminated coverage.

  • August 08, 2025

    Colleges, Universities Sued Over Early Admissions Offers

    Thirty-two colleges and universities violated federal antitrust laws by sharing data about students admitted through an "early decision" process, reducing competition and inflating tuition by boxing applicants out of potentially more rewarding financial aid packages elsewhere, students alleged in a proposed federal class action on Friday.

  • August 08, 2025

    Allbirds Faces New Del. Derivative Suit In Chancery

    Stockholders of footwear and clothing venture Allbirds Inc. launched a new Delaware Court of Chancery derivative suit Friday naming the company's key corporate figures, citing in part a now-third-amended securities action in the Northern District of California.

  • August 08, 2025

    9th Circ. Sides With Amazon In Whole Foods Prime Perk Case

    A Ninth Circuit panel on Friday refused to revive a California consumer's lawsuit over Amazon's decision to discontinue its free Whole Foods delivery perk for Prime members, pointing to subscriber terms reserving the e-commerce company's right to eliminate benefits.

  • August 08, 2025

    Papa John's No-Poach Deal Barely Clears Initial Hurdle

    A Kentucky federal judge expressed lingering concerns despite giving initial approval to a $5 million settlement for claims from Papa John's employees over its past use of no-poach provisions in its franchise agreements after rejecting a previous approval bid.

  • August 08, 2025

    Doxo Can't Send Customer Class Action To Arbitration

    A Washington federal judge declined to toss a suit against online bill-pay service Doxo Inc., saying the company waited too long — nearly a year — to try to enforce a newly added arbitration clause, and thus waived its right to compel arbitration in the suit alleging it deceived customers by not disclosing fees upfront.

  • August 08, 2025

    Iowa PBM Law Challengers Seek Wider Block At 8th Circ.

    Employers and benefit plans challenging an Iowa law aiming to limit pharmacy benefit managers' power to set drug prices will seek Eighth Circuit review of a district court judge's decision from July that temporarily blocked parts of the new policy as preempted by federal benefits law.

  • August 08, 2025

    Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit

    A residential brokerage startup is heading to the Tenth Circuit to appeal the toss of its antitrust suit against the National Association of Realtors and several major brokerages, which were accused in Utah federal court of conspiring to block the startup from accessing NAR multiple listing services because it offered lower buyer-broker commissions.

  • August 08, 2025

    DC Circ. Ends Alien Enemies Contempt Probe Against Admin.

    A split D.C. Circuit put an end Friday to potential criminal contempt proceedings against the Trump administration over the possibility that it violated a court order barring the removal of a group of migrants under the Alien Enemies Act.

Expert Analysis

  • Notable Q4 Updates In Insurance Class Actions

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    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.

  • Chancery Ruling Holds Authorized Share Takeaways For Cos.

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    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.

  • How Courts Can Filter Nonmeritorious Claims In Mass Torts

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    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.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    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.

  • Bill Would Bring Welcome Clarity To Del. Corporate Law

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    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.

  • Opinion

    At 100, Federal Arbitration Act Is Used To Thwart Justice

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    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.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    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.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “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.

  • Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'

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    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.

  • Partially Faulting Airline For 401(k) ESG Focus Belies ERISA

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    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.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    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.

  • Opinion

    Weight Drug Suits Highlight Need For Legal Work On Safety

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    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.

  • Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis

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    In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.

  • Navigating The Trump Enviro Rollback And Its Consequences

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    The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.

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