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Class Action
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April 29, 2025
Gore-Tex Maker Seeks Dismissal Of PFAS Suit
The company behind the waterproof fabric brand Gore-Tex urged a Washington federal court to dismiss a lawsuit accusing it of manufacturing with toxic forever chemicals while also "greenwashing" its image, arguing that the buyers, who did not actually test their garments, provide no proof that the clothing they bought contains these substances.
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April 29, 2025
Deloitte, SCANA Investor Class Settle Suit Over Failed Project
Deloitte and a certified class of SCANA Corp. investors told a South Carolina federal judge Tuesday they've settled claims accusing the accounting firm of issuing audit reports that misled investors about the progress the utility company was making on a $9 billion nuclear energy expansion project that never came to fruition.
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April 29, 2025
Honda America Asks To Halt Faulty Brakes Suit
American Honda Motor Co. urged a California federal judge Monday to throw out an amended proposed class action alleging some of the automaker's vehicles equipped with automatic emergency braking are unsafe, arguing the claims are meritless because the owner's manuals disclose the possibility of false activations of the braking system.
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April 29, 2025
North Georgia Healthcare Provider Sued Over Data Breach
A regional healthcare provider and a collections agency have been hit with a proposed class action in Georgia federal court over allegations that their lax cybersecurity practices allowed hackers to steal the protected health information of patients during a July 2024 data breach.
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April 29, 2025
Kim Kardashian, Celebs Challenge Crypto Buyers' Cert. Bid
The co-founder of the EthereumMax crypto token and celebrities who allegedly promoted the offering told a California federal judge that a group of spurned buyers should not be able to certify their class action since they have not provided a way to determine how many transactions would fall in each category.
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April 29, 2025
CRT Buyers Want $3.7B In Damages After Price-Fixing Default
Groups of buyers in long-running litigation over an alleged conspiracy to fix cathode ray tube prices asked a California federal court for $3.7 billion in damages after a default judgment against Chinese electronics company Irico Group for failing to preserve evidence.
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April 29, 2025
Unilever Care Products Not So 'Naturally Derived,' Suit Claims
Unilever and Conopco sell Love Beauty & Planet and Dove Men's product lines that falsely claim to contain 90% or higher natural ingredients when, in fact, they contain only around 80 to 85% naturally derived ingredients, according to a proposed class action filed in California federal court.
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April 29, 2025
Workday Bias Suit May Gain Collective Status
A federal judge appeared inclined Tuesday to greenlight a collective action from job applicants over 40 who say they were unlawfully steered away from jobs by a Workday hiring tool, saying she saw a "common answer" applying across the proposed group.
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April 29, 2025
Apple Beats Claim Amber Alert On AirPod Hurt Boy's Hearing
A California federal judge on Monday tossed a Texas mother's lawsuit accusing Apple Inc. of being responsible for her teenage son's permanent hearing loss after an Amber Alert allegedly rang through defective AirPods and ruptured his eardrums, saying a physician's expert opinion they leaned on was unreliable for proving causation.
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April 29, 2025
Meta Looks To Delete User Antitrust Claims Over Pay For Data
Meta urged a California federal court Monday to end antitrust claims from consumers alleging they should be paid for their data, saying flawed expert theories that doomed class certification also sink the entire case for the remaining individual plaintiffs.
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April 29, 2025
Highmark Must Face Bulk Of Data Breach Lawsuit
A group of individuals who said their personal information was compromised in a phishing attack against health insurer Highmark can largely proceed with their proposed class action against the company, a Pennsylvania federal court ruled, finding the plaintiffs sufficiently alleged they'll suffer imminent and concrete injuries, thereby establishing standing.
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April 29, 2025
OKCoin Says Crypto Holders Can't Tie Firm To $2M Theft
Digital asset exchange OKCoin and its affiliates urged a California federal judge to dismiss a proposed class action accusing them of enabling cryptocurrency thieves, arguing the real cause of the plaintiffs' losses was the initial theft, not any actions by the exchange.
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April 29, 2025
PacifiCorp Hit With $11M Verdict In Latest Wildfire Case
A Portland, Oregon, jury awarded around $10.8 million in noneconomic damages Tuesday to nine plaintiffs who suffered property damage in a group of 2020 wildfires attributed to PacifiCorp's negligence, with the awards likely to be increased to account for punitive damages.
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April 29, 2025
Migrants Tell 1st Circ. 3rd Country Removals Can Be Limited
A class of immigrants has urged the First Circuit to reject the Trump administration's attempt to lift an order restricting deportations to countries where they have no prior ties, saying federal law does not bar injunctions concerning protection under the Convention Against Torture.
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April 29, 2025
Opioid MDL Judge Won't Recuse Over Ex Parte Allegations
An Ohio federal judge will not step aside from multidistrict opioid litigation after the plaintiffs' attorney, who had alleged the judge "regularly communicates" with other lawyers involved in the litigation, testified that there was no such communication after all, the judge ruled Tuesday.
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April 29, 2025
Firm In Salmon Antitrust Case Owes Referral Fee, Suit Says
A Boston law firm says another firm that served as co-lead counsel in a salmon purchaser antitrust case is refusing to honor a referral fee agreement for 15% of the attorney costs in the Florida litigation, according to a federal complaint filed Monday in Massachusetts.
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April 29, 2025
Retirees Fight Lockheed's Quick Appeal Push In Annuity Suit
Lockheed Martin retirees urged a Maryland federal judge not to allow the company to immediately challenge a ruling that kept alive their suit claiming Lockheed illegally pushed workers' pensions into risky annuities, arguing an appeal would be premature even though a similar case was recently tossed out.
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April 29, 2025
Judge Tosses Chalmers' NIL Suit, Hands NCAA Major Victory
In a significant win for the NCAA against a wave of college athletes suing for past name, image and likeness compensation as a multibillion-dollar settlement awaits approval, a New York federal judge dismissed a proposed class action by 16 former men's basketball players accusing the NCAA of exploiting them long after their careers ended.
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April 28, 2025
Gitmo Atty Access Still Lacking, Immigrant Detainees Allege
The Trump administration is still making it difficult for immigrants detained at Guantanamo Bay to access attorneys, including by denying in-person attorney visits and missing scheduled attorney-client phone calls, two detainees alleged in an amended suit filed Friday in D.C. federal court.
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April 28, 2025
Nivea Maker Hit With False Ad Greenwashing Suit
The Nivea brand of products such as lotions, body creams, deodorants and cleansing wipes are falsely advertised as made predominantly of ingredients derived from natural products, like aloe or avocado oil, even though nearly all the ingredients are synthetic, according to a proposed class action filed in California federal court.
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April 28, 2025
3rd Circ. Won't Rethink Teamsters Fund's Win In $39M Row
The Third Circuit won't give a group of dairy businesses a second chance to prevent a Teamsters union pension fund from suing them and their affiliates to enforce a $39 million settlement, the court announced Monday.
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April 28, 2025
Avis Hit With Investor Suit Over $2.3B Fleet Impairment
Car rental company Avis Budget Group has been hit with a proposed shareholder class action alleging it harmed investors when it concealed a strategy shift late last year that accelerated fleet rotation and led to a $2.3 billion impairment charge.
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April 28, 2025
Chancery OKs Shortcut For Derivative Fox Suit
A Delaware vice chancellor late Monday approved an unprecedented Fox Corp. call for a targeted summary judgment proceeding focused on a single Fox director's independence after a different jurist rejected, in November, dismissal of the suit, which seeks hundreds of millions of dollars in defamation damages in connection with broadcasts of bogus 2020 election claims.
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April 28, 2025
Wells Fargo Investors Win Class Cert. In 'Sham' Hiring Case
A California federal judge has certified a class of thousands of Wells Fargo & Co. investors in litigation over the bank's alleged practice of conducting "sham" job interviews to meet diversity targets, a strategy investors say led to stock prices dropping when the truth came to light, according to an order issued Friday.
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April 28, 2025
Imerys Halts Ch. 11 Trial Over Foreign Claimant Issues
Bankrupt talc suppliers Imerys Talc America and Cyprus Mines Corp. and parties supporting their Chapter 11 plan to deal with asbestos injury claims unexpectedly announced Monday they wanted to halt the plan confirmation proceedings, following more than four days of evidence, citing issues surrounding the treatment of foreign claims against the debtors.
Expert Analysis
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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2 High Court Securities Cases Could Clarify Pleading Rules
In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Navigating The Complexities Of Cyber Incident Reporting
When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.