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Class Action
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November 17, 2025
9th Circ. Strikes Down Trans Patients' Win In ACA Bias Case
The Ninth Circuit upended a win Monday for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, ordering a lower court to reexamine the case in light of intervening authority from the U.S. Supreme Court.
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November 17, 2025
Senior Home Referral Site Must Face False Ad Claims
A senior living placement site must face a false advertising suit filed by a Georgia assisted living home alleging the platform runs on a pay-to-play model, as a federal judge said he wasn't buying Caring.com's defense that its advertising was innocuous "puffery."
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November 17, 2025
Law School Admission Council Pushes To Toss Antitrust Suit
The Law School Admission Council is continuing its push to toss a proposed class action accusing it of fixing application fees with its member schools, saying in a Pennsylvania federal court filing last week that the applicant's opposition to its dismissal motion "entirely fails to engage with the incoherence at the core of his case."
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November 17, 2025
Tesla Wins Bid To Unwind Class In Race Harassment Suit
A California judge said a class of thousands of Black workers should be disbanded in a suit alleging rampant racist harassment at Tesla's factory in Fremont, California, after the workers' lawyers faced difficulty in securing witness testimony and asked the court for a new trial plan.
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November 17, 2025
NY Beer Distributor To Pay $1M In Drivers' OT Suit
A New York-based beer distributor has agreed to pay $1 million to more than 1,675 drivers and helpers who claimed they were not properly paid overtime under state law, the workers told a federal court, asking it to greenlight the deal.
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November 17, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.
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November 14, 2025
Costco Tequila Buyers Say They Were Misled About Quality
A group of consumers accused Costco of falsely marketing its Kirkland Signature tequila as pure agave when, in fact, its tequila products feature a "significant presence" of non-agave sugars, according to a proposed class action filed Friday in Washington federal court.
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November 14, 2025
Lowe's Sheds Suit Over TikTok, Microsoft Trackers
A California federal judge has thrown out a proposed class action accusing home improvement retailer Lowe's of illegally sharing website visitors' personal data with TikTok and Microsoft, finding that while the plaintiffs had adequately laid out their wiretap claim, they failed to allege the type of concrete injury necessary to sustain their suit.
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November 14, 2025
JetBlue Accused Of Pushing Workers To Drop Wage Claims
Former employees suing JetBlue for allegedly shorting them on breaks and wages are urging a Washington state judge to block the airline's alleged efforts to coerce members of a proposed class into settlements, contending management has pressured workers to sign releases amid looming downsizing plans.
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November 14, 2025
9th Circ. Judge Rips Feds For 'Trying To Suppress Speech'
A Ninth Circuit panel expressed doubts Friday about the Trump administration's request to reconsider an order reinstating billions of dollars in University of California research grants in light of a recent U.S. Supreme Court ruling, with one judge objecting that "the government is trying to suppress, to penalize speech."
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November 14, 2025
Freeport-McMoRan Hid Mine Safety Risks, Investors Suit Says
Mining company Freeport-McMoRan Inc. faces a proposed investor class action alleging the company concealed safety risks at its copper mine in Indonesia, hurting investors after its trading prices fell when a landslide at the mine killed two workers and left others missing.
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November 14, 2025
Judge Again Rejects Title IX, Class Rep Objections To NIL Deal
The NCAA's $2.78 billion settlement with college athletes who sought compensation for their name, image and likeness survived objections from seven athletes who lodged various claims of discrimination and inadequate representation for future athletes.
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November 14, 2025
Credit Suisse Bondholder Class Certified In Suit Over Collapse
A New York federal judge has granted certification to a class of Credit Suisse bondholders and named Pomerantz LLP as class counsel in a securities fraud suit alleging the bank concealed the impact of quarterly losses and its inability to retain clients leading up to its takeover by UBS AG.
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November 14, 2025
Cannabis Co. Green Thumb Seeks Toss Of THC Potency Suit
Green Thumb has urged an Illinois state court to permanently end a proposed class action accusing the cannabis giant and its subsidiaries of mislabeling their products to get around state-mandated THC potency limits, arguing that what the plaintiff-consumers have described is a mistake in law, which is not fraud.
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November 14, 2025
Amazon Blasts Claim It Destroyed Evidence In Labeling Suit
Amazon.com Services LLC is fighting calls for sanctions in a proposed class action accusing it of failing to follow federal labeling laws for dietary supplements, saying it shouldn't be penalized for allegedly failing to preserve online product pages for the supplements.
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November 14, 2025
FirstEnergy Investors Ask Again For 6th Circ. Clarification
A week after the Sixth Circuit declined to reconsider a ruling blocking FirstEnergy investors from accessing documents prepared by BigLaw firms investigating the company's $1 billion bribery scandal, investors have once again asked the court to clarify its decision, arguing that it is "premised on a clear error of fact."
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November 14, 2025
Buyer Defends Antitrust Claims Against Berkshire Subsidiary
A Nebraska-based insulation company has urged a Colorado federal judge to keep alive the company's proposed antitrust class action against a Berkshire Hathaway-owned firm, arguing its claims are timely and plausibly show the subsidiary illegally monopolized calcium silicate insulation.
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November 14, 2025
Consumers Want 9th Circ. To Recertify Apple IPhone Class
Apple users want the Ninth Circuit to restore the certification of their antitrust class accusing the technology giant of trapping them within the App Store, arguing a California federal judge improperly front-loaded the identification of individual members, when all that matters is that "nearly 200 million" users were harmed.
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November 14, 2025
Safeway Beats Claims It Falsely Advertised Wine Discount
Grocery chain Safeway beat a proposed class action alleging that it hawks bogus, limited-time discounts on wine for its rewards members, after a California federal judge said Thursday that the members don't specifically allege how Safeway's representations were false or misleading, since higher, nonmember prices are unquestionably real prices charged to nonmembers.
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November 14, 2025
DoorDash Inks $18M Deal With Chicago Over Fee Practices
DoorDash will pay $18 million to resolve the city of Chicago's suit in Illinois federal court alleging it fooled diners into paying higher prices, charged hidden fees, used tips to subsidize its own costs and took advantage of restaurants during the COVID-19 pandemic, according to the city's announcement Friday.
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November 14, 2025
Poultry Producer Avoids 401(k) Forfeiture Lawsuit
A poultry producer defeated a proposed class action Friday alleging it unlawfully used forfeited 401(k) funds to cover its contributions to the plan, with a Mississippi federal judge finding the plan's terms gave the company discretion over how to allocate the funds.
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November 14, 2025
Hogan Lovells Secures Landmark $6.75M Prison Reform Deal
After four days, Demetrius Goshen just wanted to take a shower. But, when he got the attention of corrections officers, it came with a beating, part of a wave of abuse against more than 150 other incarcerated individuals that sparked a lawsuit brought by Hogan Lovells and led to a $6.75 million settlement and a slew of reforms.
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November 14, 2025
Drug Buyers Defend Class Cert. In 3rd Circ. Generics Case
Direct purchasers and end-payers in the sprawling multidistrict litigation over alleged price-fixing of generic drugs are fighting requests from Actavis and Mylan to undo class certification in the cases, arguing to the Third Circuit that the litigation is a classic example of a class action matter.
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November 14, 2025
Junior Hockey Players Fight Wage Case Dismissal In Appeal
Junior hockey players have asked the Ninth Circuit to reverse a lower court toss of their wage suppression suit against the National Hockey League and Canadian leagues, arguing that the territorial reach of U.S. antitrust laws gives United States federal courts jurisdiction.
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November 14, 2025
SeaWorld Faces Fla. Suit Over 'Bait-And-Switch' Fees
A Florida woman has brought a federal proposed deceptive business practices class action against SeaWorld, alleging that the theme park uses "bait-and-switch" tactics to lure customers and tacks on junk fees for ticket purchases.
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.