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Class Action
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May 28, 2025
Berkshire Hathaway RV Maker Wants End To Defect Suit
A Berkshire Hathaway company is urging a Montana federal court to throw out the last remaining claims in a suit alleging it made and sold RVs with dangerous wiring defects, saying the plaintiff hasn't shown any evidence of actual damage or that the company was aware of any defects before he bought it.
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May 28, 2025
Anesthesiology Co. Urges Dismissal Of Antitrust Class Action
U.S. Anesthesia Partners told a Houston judge that a patient leading a proposed class action accusing it of monopolizing the Texas anesthesia market doesn't have a valid claim because his insurance company chose how much he paid for services.
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May 28, 2025
China Can't Duck PPE Hoarding Claims By Fla. Medical Pros
A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.
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May 28, 2025
Coca-Cola Sued Over '100% Natural Flavors' In Sprite, Fanta
The Coca-Cola Co. deceptively labels its Sprite and Fanta brands of sodas as being made with "100% natural flavors" despite that they contain synthetic sweetener ingredients and additives like citric acid and aspartame, according to a proposed class action filed Tuesday in California federal court.
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May 28, 2025
Titan Of The Plaintiffs Bar: Cohen Milstein's Benjamin Brown
Benjamin D. Brown of Cohen Milstein Sellers & Toll PLLC helped cement his reputation as a respected thought leader in his field last year when he wrapped up multiple career-defining cases, including a landmark $375 million settlement in a wage suppression class action brought against Ultimate Fighting Championship, earning him a place among Law360's 2025 Titans of the Plaintiffs Bar.
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May 28, 2025
Class Counsel Get $6M Fees In Corteva Benefits Info Suit
Attorneys handling a retirement benefits class action against chemical companies Corteva Inc. and DuPont have been awarded approximately $6 million in fees and just over $389,000 to cover litigation costs, according to a Pennsylvania federal judge's order.
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May 28, 2025
Skadden Lands Kirkland Trial Ace In Chicago
Skadden Arps Slate Meagher & Flom LLP is expanding its litigation team, announcing Wednesday it is bringing in a Kirkland & Ellis LLP trial lawyer as a partner in its Chicago office.
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May 28, 2025
Orlando Fire Dept. Must Face District Chiefs' Unpaid OT Suit
High-ranking district chiefs cannot claim they are shielded from overtime pay exemptions because they are first responders, a Florida federal judge ruled, but the Orlando Fire Department has not shown that it was in the clear to deny them the premium wages.
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May 27, 2025
Anthropic Declaration Partly Stricken Over AI Hallucination
A California federal magistrate judge has partially stricken an expert report filed by Anthropic in copyright infringement litigation that cited a nonexistent study — an error created by the artificial intelligence company's own Claude AI tool — calling the issue "serious," but "not quite so grave as it first appeared."
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May 27, 2025
Retailer To Face Privacy Suit Instead Of Arbitration Claims
More than 2,400 Janie & Jack website visitors pursuing arbitration claims over the children clothing retailer's allegedly unlawful online tracking practices have agreed to drop these individual grievances and instead lodge a single proposed class action to press their allegations, according to a notice filed in California federal court.Â
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May 27, 2025
Proterra Investors Push For Final OK Of $29M Settlement
Proterra Inc. investors have asked a California federal court to sign off on a $29 million deal resolving allegations that the bankrupt electric-vehicle maker's executives misled them about liquidity issues, according to a motion for final approval of the settlement filed Tuesday.
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May 27, 2025
Drone Co. Overhyped Army Contract Prospects, Investor Says
Drone maker Red Cat Holdings Inc. faced a proposed investor class action alleging it misled investors about its expectations for capitalizing on a prospective U.S. Army contract, hurting shareholders as markets reacted to adverse news about the contract and the company's potential revenue from the deal.
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May 27, 2025
Bluebird Bio Beats Investor Suit Over FDA Cancer Warning
Massachusetts-based biotechnology company Bluebird Bio Inc. has beaten a shareholder suit accusing it of misleading investors about the likelihood of the U.S. Food and Drug Administration's decision requiring a "black box warning" on one of its products due to the cancer risk it posed.
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May 27, 2025
Judge Taps Attys To Lead Ex-UMich Coach Hacking Suits
Eight lawsuits accusing the University of Michigan of failing to safeguard the private images and data of thousands of student-athletes from a former assistant football coach have been consolidated by a federal judge, who also appointed interim lead counsel.
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May 27, 2025
Next Meats Beats Investor Suit Over 'Short Swing' Profits
The controlling shareholders of Japan-based Next Meats have beaten, for good, a suit alleging they collected unlawful short-swing profits after a New York federal judge found the plaintiff could not satisfy the so-called Morrison test of demonstrating a domestic securities transaction that can be tried in U.S. courts.
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May 27, 2025
EV-Maker Polestar Faces Investor Suit Over Financial Reports
Swedish electrical vehicle company Polestar has been hit with a proposed shareholder class action accusing it of misleading investors by failing to maintain proper internal controls, which caused it to misreport liabilities and assets on its balance sheets for several quarters.
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May 27, 2025
6th Circ. Urged To Revive FedEx, Kellogg Pension Suits
FedEx and Kellogg retirees urged the Sixth Circuit to revive two proposed class actions alleging their ex-employers' use of outdated actuarial assumptions shortchanged the value of their pension annuity benefits, arguing that definitions of the term "actuarial equivalent" from the time federal benefits law was enacted supported their appeals.
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May 27, 2025
School Bus Contractor Says OT Violations Weren't Willful
A bus attendant cannot show that a school bus services provider willfully ran afoul of the Fair Labor Standards Act by improperly calculating workers' overtime pay, the company told an Ohio federal court Tuesday, saying her allegations aren't based on any facts.
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May 27, 2025
Unilever Buyers Clash Over Service Awards In $3.6M Deal
Class representatives in a suit alleging Unilever United States Inc. of selling dry shampoo with elevated levels of benzene are pushing back against an objection by other plaintiffs over service awards, saying the other plaintiffs didn't do anything to materially advance the litigation and thus are not entitled to the awards.
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May 27, 2025
Latest Junior Hockey Players' Abuse Suit Against NHL Tossed
An antitrust class action by two junior league hockey players, accusing the National Hockey League and Canadian Hockey League of collusion and abusive treatment during their development, was dismissed by a Washington state federal court, the second venue in which their suit was thrown out.
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May 27, 2025
Texas Judge Certifies Class In Alien Enemies Act Case
A Texas federal judge has certified a class of Venezuelan nationals in custody in the Western District of Texas subject to President Donald Trump's proclamation invoking the Alien Enemies Act to remove alleged Tren de Aragua gang members from the United States.
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May 27, 2025
Titan Of The Plaintiffs Bar: Slater Slater's Adam Slater
Securing multibillion-dollar settlements against major institutions like the Boy Scouts and Catholic dioceses on behalf of thousands of victims who were sexually assaulted as children has become Adam Slater's life work, but at least some of the skills he's used to secure this monetary justice come from his years as a poker player.
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May 27, 2025
Judge Lets United, Teamsters Appeal Arb. Order At 9th Circ.
United Airlines and the Teamsters can appeal a lower court order concluding that the Railway Labor Act gives individual airline employees the right to take their grievances to arbitration despite the union's objection, a California federal judge ruled, saying a Ninth Circuit ruling could end the case.
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May 27, 2025
Ex-Solar CEO Can't Arbitrate Fraud Suit Now, Judge Says
The former CEO of a defunct solar company and its financial backers waived their rights to force Michigan residents into arbitration by extensively litigating a proposed class action that accused them of deceptive sales practices and racketeering, a federal judge ruled.
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May 27, 2025
Calif. Bar Seeks More Remedies After Problematic Feb. Exam
The state bar of California has formally asked the state Supreme Court to approve measures including a limited provisional licensure program and a more direct pathway to admission for out-of-state attorneys, in the state bar's latest attempt to seek equitable remedies amid the fallout from the bungled February 2025 California bar exam.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How A 9th Circ. Identicality Ruling Could Affect AI Cos.
If the Ninth Circuit agrees to settle a district court split over whether the Digital Millennium Copyright Act requires a copy to be identical to an original to support an actionable claim for removing copyright management information, the decision could have important ramifications for artificial intelligence businesses, says Maria Sinatra at Venable.