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Class Action
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May 19, 2025
Calif. Landowners Seek Review Of 7th Amendment Precedent
A group of Northern California landowners has asked the U.S. Supreme Court to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.
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May 19, 2025
GM Issued 'Inadequate' Recall For Bad Engines, Drivers Claim
General Motors LLC knowingly sold vehicles "that were engineered to fail" and issued an "inadequate" recall to prevent "catastrophic" internal engine failure, a group of vehicle owners alleged in a proposed class action filed in Michigan federal court.
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May 19, 2025
NCAA Defends Latest NIL Deal Revisions In Bid For Approval
Contrary to claims by some athletes that they will be harmed by roster limitations in a proposed $2.78 billion name, image and likeness settlement, the NCAA has told a California federal judge the latest changes will ensure "beyond a doubt" those athletes are treated fairly.
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May 19, 2025
Cos. Fight Recusal Bid In Antitrust Case Over Clerk Ties
The Minnesota federal judge overseeing a major pork price-fixing case shouldn't have to recuse himself just because one of his clerks worked at plaintiffs-side firms, pork purchaser plaintiffs say, calling the defendants' request a cynical ploy that comes on the eve of trial.
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May 19, 2025
Attys Seek $2M For Fees, Costs In GM Security Bias Deal
Attorneys for Black visitors to Detroit's General Motors-owned Renaissance Center who allege security there unlawfully detained and assaulted them asked a Michigan federal judge to approve almost $2 million in fees and litigation costs days after the court cautioned both sides for slow-rolling the deal's execution.
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May 19, 2025
Pepsi Arbitration Costs Bid Not For Court, Workers Say
A Pepsi distributor told a New York federal court that forcing him to pay arbitration-related costs in a wage case against the company would undermine federal and state wage laws' protective purposes, urging the court to deny the company's request to enforce the terms of the arbitration pact.Â
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May 19, 2025
'Stark' Pay Data May Revive NY Court Interpreters' Bias Suit
Second Circuit judges Monday signaled interest in reviving a pay discrimination case brought by interpreters working for the New York State Unified Court System, as one jurist remarked on "stark" data showing they're "underpaid" and voiced curiosity about what discovery might reveal.
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May 19, 2025
Partner Hire Kills Jurisdiction In Referral Suit, Mass. Firm Says
A Boston law firm told a Massachusetts federal court on Monday that it plans to refile its suit seeking a referral fee from a Minnesota firm that served as co-lead counsel in a salmon purchaser antitrust case, after the latter firm's hiring of a Massachusetts-based partner defeated federal court jurisdiction.
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May 19, 2025
Vape Makers, Sellers Want NC E-Cigarette Law Stayed For Suit
A group of vaping industry entities including a trade group, electronic cigarette makers and sellers urged a North Carolina federal judge to temporarily block enforcement of a new state regulation of their market while they pursue their challenge to the statute, which they argued is preempted by federal law.
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May 16, 2025
Capital One Inks $425M Deal In Savers' 'High-Interest' Suit
Capital One has agreed to pay $425 million to put to rest a proposed class action alleging that it deceptively advertised its 360 Savings accounts as high-interest savings products, according to a joint notice filed Friday in Virginia federal court.
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May 16, 2025
Krispy Kreme Overhyped McDonald's Pact, Investors Say
Krispy Kreme investors hit the doughnut chain with a proposed securities class action Friday, alleging Krispy Kreme overhyped its partnership with McDonald's before disclosing poor financial results and uncertainty about its future.
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May 16, 2025
Anthropic's AI-Hallucinated Errors Taint Filing, Publishers Say
Music publishers suing Anthropic for copyright infringement accused the artificial intelligence company on Friday of downplaying the seriousness of errors in a filing caused by Anthropic's own Claude AI tool, saying the company's counsel violated a judge's standing order and arguing that the filing at issue should be tossed.
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May 16, 2025
Workday Hiring Bias Suit Wins Collective Status
A California federal judge on Friday agreed to certify a collective action of job applicants over 40 who claim they were illegally steered away from jobs by a Workday hiring tool, finding that whether Workday discriminated on the basis of age is a question that "cuts across" the collective.
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May 16, 2025
Florida Wrongly Took Unclaimed Funds, 11th Circ. Rules
The Eleventh Circuit on Friday revived a Florida couple's proposed class action over unclaimed property, vacating a lower court's judgment that a $26.24 insurance premium refund they were owed was assumed to be abandoned before it was transferred into state custody.
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May 16, 2025
Attys With 'Borrowed' Claims Can't Skip Inquiry, Lumen Says
Telecommunications company Lumen has told the Colorado Supreme Court that attorneys still need to conduct their own "objectively reasonable inquiry" when borrowing claims from outside litigants, in the hopes of beating a shareholder suit that took allegations from other cases despite attorneys not speaking to the witnesses.
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May 16, 2025
Parents Sue Colgate Over Alleged Dangers Of Fluoride Rinse
A proposed class of buyers of oral rinses is suing Colgate-Palmolive Co., alleging it misleadingly advertises its Hello Kids Fluoride Rinse as safe despite the U.S. Food and Drug Administration considering it too dangerous for children under 6 years old.
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May 16, 2025
Food Delivery App's $80M Investor Settlement Gets Final OK
Investors suing mobile food delivery and ride-hailing services operator Grab Holdings Ltd. have received final approval of an $80 million deal settling claims that several sections of a proxy statement Grab filed with a special purpose acquisition company were false and misleading.
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May 16, 2025
Mich. Judge Gives Final OK To $55M Pandemic Aid Deal
A Michigan state judge has granted final approval to a $55 million settlement between the Michigan Unemployment Insurance Agency and people who allege their benefits were improperly clawed back without notice during the pandemic.
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May 16, 2025
Insurer Asks 7th Circ. To Revise BIPA Coverage Ruling
A Hanover Insurance unit urged the Seventh Circuit on Friday to revise a ruling that it must indemnify a condiment manufacturer in an underlying biometric privacy suit if notice was timely, saying the court improperly relied on a settlement that wasn't part of the trial record.
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May 16, 2025
Intuit Strikes $2M Deal To Wrap Up 401(k) Forfeiture Suit
Intuit will pay $2 million to end a proposed class action alleging its use of forfeited 401(k) funds to cover employer contributions rather than plan expenses violated federal benefits law, the former employee leading the suit said Friday in California federal court.
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May 16, 2025
Coinbase Users Sue Under Illinois Biometric Privacy Law
Cryptocurrency exchange Coinbase has been sued in Illinois federal court by users who claim its identity verification process flouts Illinois' biometric privacy law, alleging it fails to get written, informed consent before collecting, analyzing and storing biometric data from users' government IDs and photographs.
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May 16, 2025
Driver Fights Sanctions For Trading Vehicle In FCA Suit
Drivers alleging Fiat Chrysler sold vehicles with defectively designed interior trim on door panels told a Michigan federal judge that one of its lead plaintiffs doesn't deserve sanctions for trading in his vehicle, saying the trade-in was a snap decision and wasn't done to prevent the automaker from inspecting the vehicle. Â
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May 16, 2025
Off The Bench: NIL Objectors, NFL's Bluesky Beef, Dick's Deal
In this week's Off The Bench, the NCAA's pending $2.78 billion name, image and likeness rights settlement faces another round of objections, the NFL shreds an antitrust suit accusing it of boycotting Bluesky and retail giant Dick's Sporting Goods makes a 10-figure splurge for Foot Locker.
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May 16, 2025
Insurer Owes $3.8M For Honda Airbag Class Counsel Costs
A Tokio Marine unit must pay over 5.4 million Canadian dollars ($3.8 million) for class counsel fees that Honda Canada Inc. incurred in underlying class actions over airbag deficiencies, but is off the hook for CA$2.9 million in settlement administration costs, a Canadian court affirmed.
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May 16, 2025
Feds Want Ex-McKinsey Exec To Serve Time For Obstruction
Prosecutors urged a Virginia federal judge Thursday to sentence a disbarred, former senior McKinsey & Co. partner to one year in prison for obstructing an investigation into the consulting giant's work with opioid-manufacturer Purdue Pharma, while defense counsel pushed for probation so that he can return to his home in Thailand.
Expert Analysis
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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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.