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Class Action
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May 05, 2025
Mass. Assisted Living Facility Settles Class Suit Over Fees
A Massachusetts assisted living facility has settled claims by a group of low-income, elderly residents that they were charged an illegal "ancillary fee" that depleted much of their monthly allowances.
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May 02, 2025
RTX Cos., Workers Nab Initial OK Of $19.9M Break, Wage Deal
A California federal judge Thursday preliminarily blessed a $19.9 million deal between companies affiliated with aerospace and defense giant RTX Corp. and workers who accused the company in a putative class action of failing to provide proper wages and breaks, saying the deal was likely fair, reasonable and adequate.
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May 02, 2025
Insulin Giants' Antitrust Victory On Shaky Ground At 2nd Circ.
A major legal triumph for manufacturers of wildly popular medications treating diabetes and obesity suddenly looked precarious Friday at the Second Circuit, where judges sounded open to reviving a proposed class action alleging a multibillion-dollar conspiracy in a controversial drug-discount program.
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May 02, 2025
Abbott Beats Bellwether In Formula MDL Ahead Of Trial
An Illinois federal judge Friday held that Abbott Laboratories isn't liable for the death of a baby who consumed its Similac baby formula, entering judgment in favor of Abbott in a bellwether case in multidistrict litigation that was set to head to trial in a little over a week.
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May 02, 2025
Ill. Judge Questions Legal Theory In Multiplan Pricing MDL
An Illinois federal judge handling multidistrict litigation accusing Multiplan of conspiring with insurers to fix out-of-network reimbursement rates seemed unsure Friday that a viable antitrust theory is at play, saying the plaintiffs' alleged market dynamic seems similar to various individuals independently deciding to hire the same "really good painter." Â
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May 02, 2025
Judge Tosses Claims Uphold Misled Users Of Crypto Product
Uphold HQ Inc. beat a suit from users Friday when a New York federal judge ruled the digital money platform didn't mislead users about the safety of a now-defunct partner's crypto interest product its platform once supported.
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May 02, 2025
Apple Beats Suit Over Child Porn In ICloud Accounts, For Now
A California federal judge tossed a proposed class action Thursday claiming Apple engaged in "privacy-washing" by ignoring a problem with child sexual abuse material on its iCloud storage platform, dismissing some claims with prejudice while allowing others to be amended.Â
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May 02, 2025
Fed. Circ. Gives MSN Short Pause For Entresto Appeal
The Federal Circuit told a Delaware federal judge on Friday to hold off entering final judgment in litigation that would delay MSN Pharmaceuticals Inc. from launching a generic version of Novartis' blockbuster heart medication Entresto.
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May 02, 2025
United Airlines Beats Retirees' ERISA Suit, For Now
A federal judge in Chicago has freed United Airlines from a consolidated proposed class action retired employees filed accusing the company of locking them out of a generous retirement package, saying a company policy the retirees leaned on wasn't governed by the Employee Retirement Income Security Act.
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May 02, 2025
'Smart' Glass Maker Settles SPAC Merger Suit For $11M
"Smart" glass manufacturer View Inc. and investors have reached an $11 million deal to resolve a proposed class action over an internal probe the company announced following its go-public merger with a special purpose acquisition company.
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May 02, 2025
Truck Modification Co. Shorted Workers Overtime, Suit Says
A commercial truck modification company flouted state and federal labor laws by allegedly failing to pay its hourly employees for work beyond their allotted shift times, according to a proposed class and collective action filed in North Carolina federal court.
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May 02, 2025
TD Bank Must Face Suit Over Name Used To Collect On Debt
Credit card issuer TD Bank NA can't nix a proposed class action alleging it violated West Virginia consumer credit laws prohibiting entities from using different names when collecting debt, after a federal judge said Friday it sought to collect under "Samsung Financing" and "TD Retail Card Services," neither of which is its true name.Â
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May 02, 2025
Feds Urge Judge To Deny ACLU's Broader Injunction Request
The Trump administration said a Washington, D.C., federal judge can't order the government to facilitate the return of Venezuelan nationals deported from the U.S. to El Salvador's Terrorism Confinement Center "in a district in which none of the affected individuals are located."
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May 02, 2025
Musk Can Pursue Most Claims Against OpenAI, Microsoft
Microsoft, OpenAI and several of their affiliates cannot escape the bulk of Elon Musk's lawsuit accusing the companies of swindling him by transitioning the ChatGPT maker into a for-profit enterprise, a California federal judge ruled.
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May 02, 2025
3 Argument Sessions Benefits Attys Should Watch In May
The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.
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May 02, 2025
CR Bard Owes $20M In Ga. Ethylene Oxide Cancer Trial
A Georgia jury awarded $20 million in compensatory damages on Friday to a man who said his cancer was caused by exposure to ethylene oxide from C.R. Bard's medical sterilization plant, sending the case to a second phase for punitive damages.
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May 02, 2025
Helzberg's Diamond Shops Accused Of Fake Discounts
A ring buyer hit national jewelry chain Helzberg's Diamond Shops LLC with a proposed class action alleging that the company frequently runs sales to the point where the claimed original list prices are no longer the actual regular prices, violating consumer protection statutes.
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May 02, 2025
Yale University Hit With Class Claims Over Payroll Schedule
Yale University has illegally paid salaried employees on a monthly basis instead of weekly or bi-weekly, as required in Connecticut, according to a putative class action in state court.
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May 02, 2025
Ariz. Utility Co., Retirees To Settle Mortality Data Suit
An electric utility holding company agreed to resolve a proposed class action claiming its use of outdated mortality data shorted retirees who opted to receive pension benefits with their spouses, according to a filing in Arizona federal court.
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May 01, 2025
NCAA Coaches Get Initial OK For $49M Wage-Fix Deal
A California federal judge granted preliminary approval Wednesday to a group of roughly 1,000 Division I volunteer baseball coaches for their settlement under which the NCAA would pay $49.5 million to resolve their proposed antitrust class action challenging a since-repealed "uniform wage fix" bylaw.
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May 01, 2025
2nd Circ. Won't Revive Privacy Suit Over Video Data Sharing
The Second Circuit on Thursday upheld the toss of a proposed class action accusing digital streaming provider Flipps Media Inc. of unlawfully sharing video-viewing information with Meta Platforms Inc., finding that the disclosed data didn't fall within the scope of the federal Video Privacy Protection Act.Â
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May 01, 2025
Death Bond Fund Manager Inflated Asset Values, Suit Says
An Illinois fund that invests in life insurance policies has been hit with securities fraud, breach of fiduciary duty and several other claims in a suit seeking at least $50 million that alleges it manipulated the value of illiquid assets to collect inflated fees from investors.
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May 01, 2025
DaVita Hit With Class Actions Over Ransomware Attack
DaVita Inc. is facing at least two proposed class actions over a data breach the kidney care provider announced in April, with current and former patients alleging Wednesday in Colorado federal court that data thieves have already engaged in identity theft and fraud while DaVita has yet to offer details.
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May 01, 2025
Worker Can't Ring Own Class's 'Death Knell,' Calif. Panel Says
A former construction company employee can't appeal an order denying his class certification motion in a putative wage and hour class action, a California state appeals court has ruled, finding it does not qualify under the so-called death knell doctrine because Private Attorneys General Act claims remained active when he appealed.
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May 01, 2025
2 Firms To Co-Lead Block Investor Suit Over Cash App
Cohen Milstein Sellers & Toll PLLC and Lieff Cabraser Heimann & Bernstein LLP will represent a proposed class of investors in a suit alleging Jack Dorsey's fintech company Block Inc. created a "haven for criminal and illicit activities" on its Cash App and Square payment platforms despite touting its anti-money laundering protocols.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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Short-Seller Implications Of 10th Circ.'s Overstock Decision
The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.