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Consumer Protection
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August 04, 2025
3rd Circ. Denies Tribal Lender Immunity In Payday Loan Suit
The Third Circuit ruled Monday that tribal immunity doesn't shield GreatPlains Finance LLC from class claims over payday loan interest rates, reasoning that a judgment wouldn't affect the tribe's revenue.
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August 04, 2025
Home Depot's Self-Checkout Kiosks Violate BIPA, Suit Says
Home Depot was hit with proposed class biometric privacy claims Monday by a customer who says the facial recognition technology the retailer deploys at its self-checkout kiosks illegally scans, collects and uses consumers' geometric facial data without informed consent.
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August 04, 2025
4th Circ. Says Lead Paint Suit Rightly Returned To State Court
The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.
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August 04, 2025
7th Circ. Won't Put Chicago Climate Change Suit On Hold
The Seventh Circuit will not pause the execution of a lower court order remanding Chicago's climate change lawsuit against fossil fuel companies to state court, a decision the companies have asked the circuit court to review.
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August 04, 2025
Lawmakers Jumpstart Work On Telecom Subsidy Reform
A working group of U.S. senators focused on reforms to the nation's telecommunications subsidy system has started gathering the public's views on legislation.
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August 04, 2025
Condo Can't Boot Unit Owner After Assault, Mass. Court Says
A Massachusetts condominium association cannot force a unit owner charged with assaulting another resident to vacate his property, an intermediate state appellate court said Monday.
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August 01, 2025
Meta Illegally Recorded Flo Users' Data, Calif. Jury Finds
A California federal jury Friday found Meta Platforms Inc. liable for violating the state's wiretap law by using a data analytics tool to retrieve sensitive health data from users of the popular menstrual tracking app Flo, in what plaintiffs' counsel called "one of the first times" a major tech company has been held accountable for such practices.
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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
Kalshi Gets Ex-Lawmakers' Backing In 3rd Circ. Betting Row
A bipartisan group of former federal lawmakers is urging the Third Circuit to continue preventing New Jersey gambling regulators from taking action over KalshiEx's sports contracts, saying Congress intended for the U.S. Commodity Futures Trading Commission to have the final say on event contracts trading on federally regulated markets.
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August 01, 2025
3rd Circ. Asked To Revive Amazon Biometric Data Suit
A federal judge erred in tossing class claims accusing Amazon of collecting consumers' voice data without their consent, including by finding that a third-party software company was a "financial institution," the named plaintiffs told the Third Circuit
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August 01, 2025
Tesla Sends Website Users' Data To Google For Ads, Suit Says
Tesla was slapped with a proposed class action in California federal court Thursday alleging it illegally shares its website visitors' information with third parties like Google through the deployment of tracking pixels for data monetization and advertising purposes, without their knowledge or consent.
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August 01, 2025
9th Circ. Sees 'Everest-Like' Preemption For Credit Union Fees
A Ninth Circuit panel on Friday rejected a consumer's bid to revive his California class action claims over bounced-check fees at Navy Federal Credit Union, ruling that federal credit unions are exempt from state laws that regulate account fees.
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August 01, 2025
Nestle Fights Class Cert. In 'Trillion'-Dollar Poland Spring Suit
Nestle Waters North America Inc. has asked a Connecticut federal judge to deny a class certification bid in a lawsuit challenging whether Poland Spring bottled water is real spring water, saying "gerrymandered classes and subclasses" cannot be used to leverage billions or even trillions of dollars in alleged damages.
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August 01, 2025
Lego Wins Bid To Halt Toy Co. Sales Of Copycat Figurines
After convincing a Connecticut federal judge that it was facing irreparable harm, Danish toy giant Lego has secured a permanent injunction barring a California-based distributor from selling products that mimic its figurines and play sets.
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August 01, 2025
GOP Reps Eye Reforms To Landmark Bank Data Privacy Law
Republican lawmakers have kicked off a review that could lay the groundwork for new financial data privacy legislation, soliciting public input on whether and how to overhaul a law that governs financial institutions' handling of consumer financial records.
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August 01, 2025
SEC To Explore Internal Use Of AI With New Task Force
The U.S. Securities and Exchange Commission announced Friday that it plans to ramp up its internal use of artificial intelligence tools with a new task force led by a veteran staffer who's recently led the agency's fintech efforts.
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August 01, 2025
Rite Aid's $6.8M Data Breach Settlement Gets Final OK
A Pennsylvania federal court has given its final approval to a $6.8 million settlement of data breach claims against now-bankrupt Rite Aid Corp., including $2.4 million in fees for attorneys from Ahdoot & Wolfson PC, Shub Johns & Holbrook LLP, Cotchett Pitre & McCarthy LLP, Laukaitis Law LLC and Hausfeld LLP.
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August 01, 2025
11th Circ. Backs Dismissal Of Luli Fama Swimwear Ad Suit
The Eleventh Circuit affirmed the dismissal of a putative class action against Luli Fama and various social media influencers for failing to disclose the influencers' endorsements of the brand's swimwear products were paid, saying the lower court rightly found the plaintiff failed to allege fraud with the necessary particularity.
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August 01, 2025
Conn. Firm Seeks Pause Amid Firm Breakup Arbitration
In the latest legal skirmish between former law partners Andrew Garza and Ryan McKeen following the dissolution of Connecticut Trial Firm LLC, Garza's new firm on Friday asked a Connecticut state court to pause unfair trade practices claims brought against it by McKeen's new firm, arguing that the complaint is an attempt to circumvent arbitration stays.
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August 01, 2025
Normal Wear Is On Landlord's Dime, Not Renters', Court Says
Massachusetts' highest court on Friday concluded that landlords cannot ding a tenant's security deposit for normal wear and tear like scuffs on walls, nor can they force a tenant to pay for professional cleanings during a moveout.
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August 01, 2025
Boeing Sued By Alaska Air Crew Over Door Plug Blowout
Four Alaska Airlines flight attendants aboard the 737 Max 9 jet that experienced a midair door plug blowout have sued jet-maker Boeing in Washington state court alleging the harrowing January 2024 incident left them with physical and mental injuries, including severe emotional distress.
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August 01, 2025
$34M Milk Price-Fixing Deal Wins Preliminary Approval
A New Mexico federal judge gave an initial OK to two settlements between a class of dairy farmers and two national milk cooperatives dropping price-fixing claims in exchange for $34.4 million and an end to the alleged scheme.
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August 01, 2025
Dems Want Probe Of DOJ's HPE-Juniper Settlement
A quartet of Senate Democrats called Friday for the U.S. Department of Justice's internal watchdog to look for "improper business and political considerations" in the settlement permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks.
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August 01, 2025
Amazon Customers Seek Massive Class In Antitrust Suit
Consumers urged a Washington federal judge on Friday to certify a class of nearly 300 million in a sweeping antitrust case against Amazon, contending they all paid inflated prices because the e-commerce giant forced an "anti-discount policy" on merchants and monitored marketplace rates to ensure compliance.
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August 01, 2025
Senate Bill Would Ramp Up Oversight Of FCC Broadband Map
A bipartisan pair of lawmakers filed a bill to ensure the Federal Communications Commission keeps tabs on the accuracy of broadband maps used to pinpoint where funding is needed for high-speed internet service.
Expert Analysis
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How Medical Practices Can Improve Privacy Compliance
In light of recent high-profile patient privacy violations, health practices — especially in California — should better position themselves to comply with medical privacy laws by shoring up strategies ranging from mapping electronic protected health information to building a better compliance culture, says Suzanne Natbony at Aliant Law.
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Despite Rule Delay, FTC Scrutiny Looms For Subscriptions
Even though the Federal Trade Commission has delayed its click-to-cancel rule that introduces strict protocols for auto-renewing subscriptions, businesses should expect active enforcement of the new requirements after July, and look to the FTC's recent lawsuits against Uber and Cleo AI as warnings, say attorneys at Holland & Knight.
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.
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Class Standing Issues Still Murky After Justices Punt LabCorp
While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.
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Ore. Coinbase Case Charts New Path For State Crypto Suits
Oregon's recent lawsuit against Coinbase serves as a reminder for the crypto industry that not all states will simply defer to the U.S. Securities and Exchange Commission's evolving stance on crypto-assets, highlighting why stakeholders should proactively assess the risks posed by state-level litigation and develop strategies to address distinct challenges, say attorneys at Steptoe.
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AGs Take Up Consumer Protection Mantle Amid Ƶ Cuts
State attorneys general are stepping up to fill the enforcement gap as the Trump administration restructures the Consumer Financial Protection Bureau, creating a new regulatory dynamic that companies must closely monitor as oversight shifts toward states, say attorneys at Cozen O’Connor.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.