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Class Action
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August 14, 2025
Planet Fitness Shorted OT Pay, Ex-General Manager Says
A onetime Planet Fitness general manager has filed a collective action in Ohio federal court, alleging the gym failed to pay nonexempt employees overtime in violation of the Fair Labor Standards Act, and failed to maintain accurate records of time worked and amounts earned by and paid to employees.
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August 14, 2025
OptumRx Flags Email Accidentally Sent To Opioid MDL Parties
UnitedHealth subsidiary OptumRx Inc. is seeking a ban on secret communications with the Ohio federal judge overseeing sprawling national opioid litigation after the court-appointed special master accidentally sent the company an email, intended for the judge, celebrating a "gambit" that prevented objections to his decision.
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August 14, 2025
Zillow Brings Goldman Fight To Skeptical 9th Circ.
The Ninth Circuit on Thursday cast doubt on Zillow Group Inc.'s efforts to decertify an investor class claiming that the real estate listing site oversold a now-shuttered home-buying program, appearing skeptical of arguments that a recent U.S. Supreme Court decision worked in the company's favor.
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August 14, 2025
Energy Co. Can't Avoid 401(k) Forfeiture, Fee Fight
A Florida federal judge refused Thursday to toss a proposed class action against NextEra Energy from an employee 401(k) participant who alleged plan forfeitures were misspent and that a recordkeeper illegally profited off retirement plan earnings, opening discovery on allegations that the conduct violated federal benefits law.
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August 14, 2025
Armistice Capital Beats Derivative Suit In Chancery
An Aytu Biopharma Inc. stockholder's derivative lawsuit in Delaware against Armistice Capital LLC crumbled on Thursday after a vice chancellor rejected breach of fiduciary duty, unjust enrichment, and aiding and abetting claims against the New York hedge fund.
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August 14, 2025
ServiceNow Inks $925K Deal In 401(k) Target-Date Fund Suit
Software company ServiceNow will pay $925,000 to settle a proposed class action alleging the business cost workers millions in savings by failing to trim underperforming target-date funds from its 401(k) plan, according to filings in California federal court docketed Thursday.
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August 14, 2025
Dental Clinic Privacy Breach Claims Not Covered, Insurer Says
A dental practice's insurer told an Illinois federal court it should owe no coverage in an underlying proposed class action accusing the practice of transmitting patients'Â sensitive personal information to Alphabet Inc. via the business's online scheduling platform, arguing an exclusion concerning "personal information"Â applies.
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August 14, 2025
Del. Challenge To Squarespace Doc Suit Toss Moves Forward
A Delaware vice chancellor on Thursday ordered an October hearing over stockholder exceptions to a posttrial dismissal of a lawsuit for records on Squarespace Inc.'s $7.2 billion take-private deal, following objections that the ruling "would require the court to possess impossible prescience."
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August 14, 2025
11th Circ. Partly Revives Day Labor Protections Suit
A Florida federal court erred by dismissing a worker protections suit against a staffing company instead of first addressing a subject matter jurisdiction dispute, the Eleventh Circuit ruled, although it affirmed the dismissal of two individual defendants for lack of personal jurisdiction.
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August 14, 2025
Beef Consumers Settle With Cargill In Price-Fixing MDL
Beef consumers have disclosed a new settlement in a consolidated Minnesota federal court litigation accusing major beef producers of price-fixing, resolving their piece of the case against Cargill.
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August 14, 2025
Cargill's $4M Deal Advances In Turkey Price-Fix Case
An Illinois federal judge on Thursday granted his initial approval to a $4 million deal Cargill has reached with commercial and institutional indirect purchaser plaintiffs in antitrust litigation accusing poultry producers of conspiring to pad the price of the bird, saying the amount provides "tangible and substantial" relief to the class.
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August 14, 2025
Conn. Credit Union Hit With Suit Over Data Breach
A North Haven, Connecticut-based credit union is facing a proposed class action over allegations that it failed to properly safeguard customers' personal information in a June data breach and violated state law by delaying notification to victims.
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August 14, 2025
HCA Settles Antitrust Claims Over Mission Health Contracts
HCA Healthcare Inc. has made several commitments for the operation of its Mission Health hospital system in North Carolina and also agreed to establish a $1 million charity fund to settle claims from municipalities that it used contractual terms to thwart competition and raise prices.
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August 14, 2025
Rising Star: Gibson Dunn's Wesley Sze
Wesley Sze of Gibson Dunn & Crutcher LLP has been representing a slew of major tech companies and helped them secure multimillion-dollar settlements, including a $310 million deal on behalf of Apple in multidistrict litigation claiming that software updates lowered older phones' battery life, earning him a spot among the class action practitioners under age 40 honored by Law360 as Rising Stars.
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August 14, 2025
Anthropic Asks 9th Circ. To Halt AI Copyright Trial For Appeal
Artificial intelligence developer Anthropic has urged the Ninth Circuit to overturn a California federal judge's refusal to delay trial in a copyright lawsuit from authors who allege their works were illegally obtained to train the company's large language model, Claude.
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August 14, 2025
Maryland Budtenders Win Class Cert. In Curaleaf Tip Suit
Budtenders who work for Curaleaf Inc.'s Maryland dispensaries scored conditional class certification in their lawsuit accusing the company of taking their tips and paying them to managers in violation of the Fair Labor Standards Act.
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August 14, 2025
DiDi Investors Get Partial Cert. In Ride-Hailing App IPO Suit
A New York federal judge adopted a magistrate judge's recommendation to partially grant class certification in an investor suit alleging DiDi Global Inc., a ride-hailing business based in China, hid enterprise-threatening regulatory risks during its initial public offering in 2021.
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August 13, 2025
6th Circ. Clarifies Class Cert. Standard In FirstEnergy Suit
A class of FirstEnergy investors suing in the wake of a $1 billion bribery scandal should not have been certified, the Sixth Circuit ruled Wednesday, saying the district court applied the wrong standard, but indicated the class could be recertified on remand.
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August 13, 2025
Fla. Detention Center Still Blocks Atty Access, Groups Say
Civil rights groups Wednesday urged a Florida federal court to grant attorneys access to detainees located at an Everglades-based immigrant detention center in a proposed class action complaint, saying people confined at the facility aren't able to petition for their release.
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August 13, 2025
Dick's Sporting Goods Suit Should Be Trimmed, Judge Says
A Pennsylvania federal judge has recommended trimming a shareholder class action that claims Dick's Sporting Goods misled investors about inventory levels and losses because of theft after the COVID-19 pandemic, finding that some of the suit's challenged statements are forward-looking and inactionable, among other things.
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August 13, 2025
Whoop's Health Tracker Accused Of Sharing Users' Data
Health and wellness company Whoop Inc., whose wearable devices track and collect users' heart rate, movement, blood pressure and other health metrics, is secretly sharing that data and other user information with an undisclosed third party, according to a proposed class action filed Wednesday in California federal court.
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August 13, 2025
NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown
A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.
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August 13, 2025
Semtech Investor Sues Brass Over Copper Goods Sales Drop
The top brass of high-performance semiconductor company Semtech Corp. has been hit with a shareholder derivative suit in California federal court claiming that they misled investors about the performance and sales of the company's products and failed to disclose certain issues that led to the end of the company's partnership with Nvidia.
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August 13, 2025
Labcorp Wins ERISA Trial As Judge Cites Stronger Witnesses
Medical testing chain Labcorp did not breach its duty of prudence to its multibillion-dollar employee retirement investment fund, a North Carolina federal judge ruled Tuesday after a trial, saying two plaintiffs' experts earned little credibility.
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August 13, 2025
JPML Consolidates 11 Delta Crash Landing Suits In Minn.
The U.S. Judicial Panel on Multidistrict Litigation has consolidated 11 lawsuits against Delta Air Lines over a "violent crash" in Toronto, in which its plane caught fire after flipping upside down, in the District of Minnesota, where they may later be joined by eight additional suits.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Justices Likely To Stay In ERISA's Bounds On Pleadings
The arguments in Cunningham v. Cornell showed the U.S. Supreme Court's willingness to resolve a circuit split regarding Employee Retirement Income Security Act pleading standards by staying within ERISA's confines, while instructing courts regarding what must be pled to survive a motion to dismiss, says Ryan Curtis at Fennemore Craig.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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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.