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Class Action
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May 12, 2025
Chancery Nixes Paramount-Skydance Books Suit Intervention
Delaware's Chancellor on Monday denied a Paramount Global preferred shareholders' motion to intervene in a New York public pension fund group's suit for documents on Paramount's proposed $8 billion merger with Skydance Media, the latest development in a sprawling, potential post-closing deal challenge.
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May 12, 2025
UAW Drops Claim Over Frozen Unemployment Benefits
The United Automobile, Aerospace and Agricultural Workers of America agreed to drop its claim that the Michigan Unemployment Insurance Agency violated an agreement to better investigate potentially fraudulent claims as long as the agency takes steps to comply with the deal.
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May 12, 2025
Boeing Execs Say Cert. Appeal Warrants Stay Of 737 Max Suit
Boeing executives have argued state pension fund litigation accusing them of putting profits over safety should be paused while the Fourth Circuit reviews the certification of a class of investors who are accusing the company and its leaders of making false statements about the 737 Max.
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May 12, 2025
AGs Call Sandoz Deal's Consumer-Side Benefits 'Illusory'
Dozens of state attorneys general asked a Pennsylvania federal judge to permit intervention into a $275 million settlement resolving generic-drug price-fixing claims from end-payor plaintiffs against Sandoz, arguing the deal threatens relief for consumers and warning that the agreement favors insurers over individuals.
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May 12, 2025
Michigan Denied Exit From Edenville Dam Collapse Litigation
Flood victims can press forward with litigation against Michigan over the collapse of a hydroelectric dam, a claims court judge ruled Monday, finding that questions remain about the state's role in the disaster.
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May 12, 2025
Redfin Shareholder Sues To Block $1.75B Rocket Cos. Merger
A shareholder has hit Redfin Corp. and several members of its top brass with a class action in Washington state federal court, seeking to block the real estate technology company's planned merger with Rocket Cos. by alleging the merger's proxy statement is false and misleading.
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May 12, 2025
9th Circ. Asks Wash. Justices About Fake Discount CPA Suit
The Ninth Circuit has called on Washington state's highest court to clarify whether a shopper who claims she purchased leggings from clothing retailer Aéropostale based on an alleged fake discounting scheme has suffered harm covered by the state Consumer Protection Act.
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May 12, 2025
9th Circ. Questions Vegas Casino Room Rate Claims
A skeptical Ninth Circuit panel had questions Monday for guests accusing Las Vegas casino-hotel operators of using the same software to inflate room rates about what they need to show for their algorithmic pricing claims to survive.
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May 12, 2025
Alcoa Retirees, Unions Tell Judge Not To Halt Benefits Order
A group of retirees and unions asked an Indiana federal judge not to pause his order requiring Alcoa USA Corp. to reinstate lifetime healthcare benefits, arguing the company isn't likely to win at the Seventh Circuit and delaying the district court's decision harms elderly class members.
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May 12, 2025
Caitlyn Jenner Beats Crypto Investors' Suit, For Now
A proposed securities fraud class action against Caitlyn Jenner over cryptocurrency created and promoted by the Olympic gold medalist has been dismissed with leave to amend by a California federal judge who said the lawsuit doesn't show the lead plaintiff, a U.K. citizen, purchased his tokens in the U.S.
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May 12, 2025
Anadarko Says Class Shouldn't Get Cert. After 5th Circ. Ruling
Anadarko Petroleum Corp. told a federal judge on Monday that he shouldn't recertify a proposed class of shareholders who claim they lost money on the company's bad oilfield bet, after the Fifth Circuit overruled his earlier certification last year.
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May 12, 2025
Authors Group Calls Grant Withdrawals 'Flagrantly Unlawful'
A national authors group sued the National Endowment for the Humanities and the Department of Government Efficiency on Monday in New York federal court, claiming the cancellation of about $175 million in grants was "flagrantly unlawful."
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May 12, 2025
Wiretap Evidence Allowed In $200M Forced Labor Case
A Georgia federal judge has accepted a magistrate judge's recommendation that wiretap evidence be allowed into the prosecution of an alleged $200 million international forced labor scheme.
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May 12, 2025
Pet Treat Maker Doesn't Fully Pay Employees, Suit Says
A pet product manufacturer with locations in Illinois and Colorado has been hit with proposed class and collective accusations in federal court in Chicago that the company illegally fails to pay employees for key work tasks they perform before and after their shifts.
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May 12, 2025
Del. Judge OKs $1.2M Deal In Del-One Overdraft Action
A Delaware federal judge granted final approval to a nearly $1.2 million class action settlement resolving claims that Del-One Federal Credit Union unlawfully charged overdraft fees based on account balances reduced by future payments without properly notifying customers.
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May 12, 2025
Tenn. Family Sues Samsung Over Home Burned In Stove Fire
A Tennessee family alleges in a proposed class action that Samsung Electronics America Inc. failed to warn them of a dangerous defect that it had known about for years in its oven and stovetop that eventually caused a fire, destroying their home and killing their three dogs, just days before the family received a recall notice.
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May 12, 2025
Mich. Judge Won't Certify Paper Mill Noxious Odor Class
Property owners have lost a bid to proceed as a class in litigation against Graphic Packaging International, with a Michigan federal judge saying the claims about a rotten-egg smell coming from a paper mill aren't suited for class treatment.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
United Health Inks $9.3M Deal In Cancer Treatment Denial Suit
United Healthcare has agreed to pay up to $9.3 million to end a proposed class action alleging it refused to cover a proton beam cancer radiation treatment by incorrectly deeming the therapy experimental, according to a Massachusetts federal court filing.
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May 12, 2025
Steel Co. To Pay $6M To End Underpayment Suit
A steel products company will pay more than $6 million to resolve a class action accusing it of failing to pay employees for all their time spent working, according to a filing in Washington federal court.
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May 12, 2025
Chancery Delays $30M Deal In SPAC Suit For Review Of Class
Citing no-longer-novel aspects of blank check company stock-drop suits, a Delaware vice chancellor on Monday trimmed a $7 million attorney fee proposal in a $29.75 million settlement to $5.5 million, but delayed approval pending clarification on post-closing stock buyer share eligibility.
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May 12, 2025
SC Condo Board Inks $1.2M Deal In Owners' Lawsuit
A putative class of current and former South Carolina condominium unit owners is ready to settle its claims that the property's board hid the building's deteriorating conditions for years, saddling the residents with millions of dollars worth of repair assessments as a result.
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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.
Expert Analysis
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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.
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Rethinking 'No Comment' For Clients Facing Public Crises
“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.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
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.
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Partially Faulting Airline For 401(k) ESG Focus Belies ERISA
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.
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How Design Thinking Can Help Lawyers Find Purpose In Work
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.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
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.
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Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis
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.
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Class Actions At The Circuit Courts: February Lessons
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.
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Navigating The Trump Enviro Rollback And Its Consequences
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.