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Class Action
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August 18, 2025
PepsiCo Lied About Disabling Website Cookies, Suit Says
PepsiCo Inc. and its Frito-Lay North America Inc. unit are letting third parties like Google and Facebook track browsing activities and collect the information of consumers who visit the food companies' websites, despite consumers selecting "no" to unnecessary cookies, a proposed class action in California federal court alleges.
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August 18, 2025
Boeing Slams Fund's 737 Max 'Zombie' Fraud Claims
Boeing told an Illinois federal judge that an investment fund has lobbed untimely "zombie" claims seeking to hold the American aerospace giant liable for allegedly misrepresenting the overall safety of the 737 Max 8 after two deadly crashes in 2018 and 2019.
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August 18, 2025
Musk Seeks Early Win In Twitter Investor Fraud Case
Elon Musk has asked a California federal judge to dismiss claims brought by a class of former Twitter investors in litigation accusing the right-wing billionaire of intentionally tanking the social media platform's stock price, arguing his statements made ahead of the deal are accurate.
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August 18, 2025
Pharma Company Beats Investor Suit Over Drug Safety Claims
ChemoCentryx, a California-based pharmaceutical company, has secured summary judgment in shareholder litigation accusing it of overstating the efficacy of its newly developed treatment for an autoimmune disease called ANCA vasculitis, with a California court ruling that the ultimate regulatory approval of the drug may show that the company was not intentionally overhyping it.
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August 18, 2025
FTC Targets Ticket Resellers Over Eras Tour Sales Meltdown
The Federal Trade Commission on Monday sued ticket brokers in Maryland federal court for allegedly snatching up hundreds of thousands of Taylor Swift Eras Tour tickets and selling them at high markups after bypassing Ticketmaster's purchase limit rules and verification processes by using fake accounts and spoofed IP addresses.
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August 18, 2025
4th Circ. Revives Ethylene Oxide Suit Against Union Carbide
A split Fourth Circuit on Monday revived a West Virginia woman's lawsuit alleging that a Union Carbide Corp.- and Covestro LLC-owned plant exposed nearby residents to ethylene oxide, finding that a lower court erred in siding with the companies.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Fla. Suit Over Atty Access To Detention Center Transferred
A Florida federal judge on Monday transferred a proposed class action lawsuit accusing the government of restricting attorney access to an Everglades immigrant detention center, ruling that the current district isn't proper for the claims against state officials.
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August 18, 2025
Pittsburgh Balks At Developer Joining Inclusive Zoning Fight
The city of Pittsburgh is urging a Pennsylvania federal court to reject a real estate trade association's bid to stop the city from enforcing an inclusionary zoning ordinance, arguing that the trade association is trying to block the ordinance on behalf of a private developer.
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August 18, 2025
GrafTech Investors' Plant Contamination Suit Gets Tossed
An Ohio federal judge threw out a shareholder lawsuit against GrafTech International Ltd. on Monday, ruling that allegations the company hid environmental contamination problems at a Mexican plant amounted to "fraud by hindsight."
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August 18, 2025
Honeywell Defeats Ex-Worker's 401(k) Forfeiture Suit
A New Jersey federal judge tossed a proposed class action Monday alleging Honeywell violated federal benefits law by putting 401(k) forfeitures toward employer-side contribution obligations instead of defraying administrative expenses, finding an ex-worker hadn't backed up claims the spending breached fiduciary duties or caused prohibited transactions.
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August 18, 2025
NFI Agrees To $5.75M Deal To End Misclassification Suit
National Freight has agreed to pay $5.75 million to end an almost 10-year-long suit in which a class of truckers claimed they were misclassified as independent contractors, the workers said, urging a New Jersey federal court to greenlight the deal.
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August 18, 2025
Akero Investor Suit Over Liver Drug Trials Permanently Tossed
A California federal judge has permanently ended Akero Therapeutics investors' proposed class action alleging they were misled about the patient population in the company's liver disease treatment clinical trial, ruling the investors did not "fill-in the logical gaps" she previously identified when dismissing their earlier pleading for failing to plead scienter.
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August 18, 2025
Investors Can't Yet Tie Logan Paul To CryptoZoo Claims
A Texas magistrate judge recommended that a proposed class action over Logan Paul's CryptoZoo project should be dismissed, writing that the group hadn't adequately connected the influencer to their claims that they were ripped off when the project failed.
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August 18, 2025
Most Ozempic, Wegovy Claims Survive MDL Dismissal Bid
Eli Lilly & Co. and Novo Nordisk will have to face most of a multidistrict litigation accusing them of misleading consumers over the risks and benefits of popular weight loss drugs like Ozempic and Trulicity, after a Pennsylvania federal judge only trimmed a few of the dozen claims the drugmakers tried to have tossed.
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August 18, 2025
Moore & Van Allen Wants Out Of Floridians' Malpractice Suit
Moore & Van Allen PLLC has asked a Florida federal judge to dismiss a malpractice suit accusing it of mishandling some residents' employee stock ownership trust, claiming that the suit brought against the North Carolina-based firm is being litigated in the wrong venue.
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August 18, 2025
AI Security Co. Reports $15M Settlement With Investors
A Massachusetts-based company whose AI-powered weapons detection product has come under scrutiny by federal regulators over allegedly exaggerated performance claims has reached a $15 million settlement in principle with investors in consolidated proposed class actions, according to a pair of filings.
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August 18, 2025
2nd Circ. Partially Reopens Grocery Chain 401(k) Fee Suit
The Second Circuit partially revived a proposed class action Monday against a Northeastern U.S. grocery chain alleging mismanagement of an employee 401(k) plan, finding a lower court wrongly tossed some allegations in the suit for failure to state a claim.
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August 18, 2025
Nurse Snags Collective Cert. In Missed Meal Breaks Suit
A former registered nurse at a North Carolina nursing home can proceed as a collective in her suit claiming that a nursing home operator and the nursing facility cheated her out of missed meal breaks, a federal judge said, limiting, however, the reach of the collective.
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August 15, 2025
Lee Subscribers Get Final OK For $9.5M Video Privacy Deal
An Iowa federal judge has given final approval to a $9.5 million deal to resolve a proposed class action accusing media company Lee Enterprises of illegally disclosing subscribers' video-viewing information to Meta, finding the agreement adequately addresses risks that both sides would have if litigation were to continue.
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August 15, 2025
Schwab Defends Antitrust Settlement From Iowa AG Objection
The Charles Schwab Corp. has pushed back on objections raised by the Iowa attorney general and others to an investor class action settlement over its merger with TD Ameritrade, saying its plan to implement an antitrust compliance program, among other things, "offers real value to the class."
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August 15, 2025
Microsoft Unit Agrees To Pay $8.5M In MOVEIt Hack MDL
A Massachusetts federal judge has preliminarily signed off on an $8.5 million settlement reached between Nuance Communications and more than 1 million patients in multidistrict litigation over a 2023 malware attack that exploited a vulnerability in Progress Software's MOVEIt transfer file tool.
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August 15, 2025
Defense Attys Predict Rise In Shareholder Suits, Report Says
Nearly three-quarters of defense attorneys surveyed by high-risk insurance firm Inigo believe there will be an increase in private securities litigation over the next year, especially in the area of artificial intelligence, according to a report released by Inigo.
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August 15, 2025
Post Holdings Sued Over Citric Acid In Pet Food
A California woman is suing Post Holdings Inc. in federal court, alleging that it uses artificially made citric acid as a preservative in its dog food products despite the labels claiming they contain no preservatives.
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August 15, 2025
NY Judge Orders Temu Users To Arbitrate Data Claims
A New York federal judge ordered a group of plaintiffs accusing online bargain app Temu of privacy violations to arbitrate their claims, saying an arbitration agreement in the company's terms is not unconscionable and that an arbitrator must determine the pact's scope.
Expert Analysis
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Birthright Opinions Reveal Views On Rule 23(b)(2) Relief
The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Latest Influencer Marketing Class Actions Pinpoint 5 Themes
Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.