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Class Action
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May 01, 2025
Truist's $4.1M Robocall Class Settlement Gets Initial OK
A $4.1 million settlement between Truist Financial Corp. and a proposed class of cellphone users who say they got unwanted robocalls from the bank has received a North Carolina federal judge's initial green light.
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May 01, 2025
Ex-FirstEnergy Execs Object To Possible Sanctions Order
Two former FirstEnergy Corp. executives indicted over their alleged roles in a $1 billion bribery scandal objected Thursday to the possibility they could be sanctioned for failing to produce certain information in a civil suit brought by FirstEnergy investors, calling language in a special master's report "inappropriate" and potentially prejudicial.
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May 01, 2025
VW, Audi Say Recall Fixes Nullify EV Fire-Risk Lawsuit
Drivers who claimed Audi of America LLC and Volkswagen Group of America Inc. sold them electric vehicles with defective batteries that could short circuit and catch fire while driving have never actually suffered this alleged issue, the automakers said in their bid seeking to dismiss the proposed class action.
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May 01, 2025
6th Circ. Judge Unsure If Totaled Car Payout Class Will Stand
A federal appellate panel grappled Thursday with whether to uphold class certification in a lawsuit claiming that State Farm systematically undervalues totaled vehicles, with one judge wondering if every class automobile would require its own damages trial.
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May 01, 2025
CR Bard Owes For Plant Neighbor's Illness, Jury Told
A Georgia jury heard in closing arguments on Thursday that C.R. Bard's medical sterilization plant wantonly polluted the air with ethylene oxide and caused a man's cancer, while the company said the man's exposure was nowhere near danger levels.
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May 01, 2025
Market Effect Key In Authors' IP Suit Against Meta, Judge Says
Whether it was fair for Meta Platforms to use copyrighted books without permission to train an artificial intelligence platform will come down to how the market for those books is impacted, regardless of how transformative the innovation may be, the California federal judge overseeing a proposed class action from a group of bestselling authors said Thursday.
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May 01, 2025
McDonald's Agrees To Drop Price-Fixing Suit Against Cargill
McDonald's Corp. has agreed to drop its claims against Cargill Inc. in litigation accusing major meat processing and packing companies of conspiring to fix beef prices, according to a joint announcement made by the companies.
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May 01, 2025
Publix Can't Slip 'Zero-Market Share' Opioid Claims
Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.
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May 01, 2025
Generator Co. Wants Plug Pulled On COVID-Era Investor Suit
Power generator maker Generac Holdings Inc. asked a Wisconsin federal judge to permanently toss an investor suit over the company's alleged failure to keep up with a surge in business during the COVID-19 pandemic, arguing the proposed class repeats arguments about Generac's sales disclosures that were previously dismissed.
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May 01, 2025
Truckers Win $10M In Row Over Pay For Freight Transport
A Michigan federal judge on Wednesday awarded $10.4 million to a class of truckers who sued RSP Express Inc. alleging the company and its owners skimmed off the top of their contracts, shorting drivers for freight they transported.
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May 01, 2025
Hawaii Tenant's Tainted Water Eviction Claims Survive Ruling
A Hawaii federal judge preserved a tenant's claims that he was effectively evicted from his home when a landlord failed to identify or warn of water contamination caused by leaks in 2021 at a U.S. Navy fuel storage facility on Pearl Harbor.
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May 01, 2025
J&J Talc Unit Says New Doc 'Key' To Talc Study Libel Suit
A Johnson & Johnson talc unit has asked a New Jersey federal court to reinstate its libel suit over a scientific article linking talcum powder to mesothelioma, arguing that newly discovered evidence shows statements in the article are false.
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May 01, 2025
Del. Justices OK Mid-Case Appeal In Paramount Doc Suit
Delaware's Supreme Court on Wednesday approved a mid-case review for a Paramount Global stockholder suit seeking books and records on the company's proposed $8 billion tie-up with Skydance Media.
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May 01, 2025
Conagra Sued Over Orville Redenbacher 'Naturals' Popcorn
Conagra Brands Inc. tries to profit off health-conscious consumers who prefer natural products by falsely labeling its Orville Redenbacher brand of "Naturals" popcorn as containing only real ingredients, despite containing a synthetic preservative, according to a proposed class action filed Thursday in New York federal court.Â
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May 01, 2025
DOJ To Take Over Legal Services For Separated Families
The Executive Office for Immigration Review told a California federal judge it plans to take over the direct administration of legal access services for thousands of immigrant families that were separated under the first Trump administration's "zero-tolerance" policy.
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May 01, 2025
Mammogram Provider Facing Wave Of Data Breach Suits
Seven patients of a mobile mammography business have each filed class actions in recent days following the company's disclosure that personal and health information for more than 350,000 patients was impacted by a data breach seven months ago.
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May 01, 2025
401(k) Forfeiture Suit Not Backed By ERISA, Judge Says
An Arizona federal judge nixed a proposed class action from workers who claimed a trucking company illegally used abandoned cash in its retirement fund to pay down its own contributions rather than covering plan fees, saying the workers' "novel theory" wasn't in line with federal benefits law.
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May 01, 2025
Home Depot Faces Tool Rental 'Damage Protection' Suit
Home Depot was hit with a proposed class action in Georgia federal court Wednesday over allegations that it consistently breaches provisions of its rental contracts by unilaterally applying damage protection without customers opting into the service.
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May 01, 2025
Greenberg Traurig Hires Procopio Litigation Duo In San Diego
Greenberg Traurig LLP announced Wednesday that it has added a member of Procopio Cory Hargreaves & Savitch LLP's management committee and another partner from that firm to its litigation practice in San Diego.
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May 01, 2025
States Urge 1st Circ. To Reinstate Federal Housing Grants
A coalition of states urged the First Circuit to reinstate a ruling that had blocked the Trump administration from cutting $30 million in fair housing grants, saying the federal government failed to consider the impact this decision would have on the groups' operations.
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May 01, 2025
Landscaping Co. Must Face Trial In Unpaid OT Suit
A jury should determine whether landscape workers are owed overtime wages or if they fall under an exemption from the premium pay, a Kansas federal judge ruled while finding the H-2B visa applications their employer filed did not include a promise to pay the extra wages.
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April 30, 2025
VSL Probiotic Buyers Win Class Cert. In RICO Case
A Maryland federal judge has certified 10 classes of customers who bought a knockoff version of a proprietary probiotic formula developed by a professor to treat gastrointestinal ailments, saying in an order unsealed Wednesday the customers all suffered the same alleged injury from buying a product that wasn't the one they expected.Â
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April 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Spring has sprung for appellate arguments over the White House's pruning and shearing of agencies, part of a bountiful circuit calendar in May, when appeals courts will also tend to defamation drama involving a pro golfer, antitrust suits against drugmakers and hotels, and a nine-figure patent verdict against Apple Inc.
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April 30, 2025
NYPD Hit With Class Action Claiming Racial Bias In Gang List
Three men on a New York Police Department list of criminal gang members filed a putative class action alleging officers unconstitutionally surveil, detain and harass Black and Latino people on the list, civil rights groups said Wednesday.
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April 30, 2025
Del. Justices Mull 'Deemed' Phrase In AMC Stock Dilution Suit
The meaning of "deemed to be issued" was the focus of a Wednesday hearing before the Delaware Supreme Court in a case involving AMC and preferred stockholders who say their shares' value was wrongly reduced last year in a deal that settled a hotly contested share conversion and reverse split.
Expert Analysis
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.