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Class Action
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May 13, 2025
Judge Opts For 'Remedial Manager' To Reform Rikers Jail
A Manhattan federal judge on Tuesday stopped short of ordering a receiver to take control of Rikers Island in an effort to clamp down on incidents of excessive force against the jail population, instead opting for a "remediation manager" with more narrow powers to work in collaboration with city officials to reform the notorious jail complex.
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May 13, 2025
'Are We Dating The Same Guy?' Defamation Suit Gets Tossed
An Illinois federal judge Tuesday threw out a Chicago-area man's suit over allegedly false sexual misconduct accusations on an "Are We Dating the Same Guy?" Facebook page, ruling that the comments made in the group were statements of opinion and thus not actionable.
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May 13, 2025
Wells Fargo Asks 9th Circ. To Undo 'Sham' Hiring Class Cert.
Wells Fargo has asked the Ninth Circuit to intervene and undo the class certification granted to investors who have claimed that the bank's alleged practice of conducting "sham" interviews to meet diversity quotas harmed the bank's stock price when the truth came to light.
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May 13, 2025
Asterisk Doesn't Save CVS In Sanitizer Row, 9th Circ. Told
An attorney for a man suing CVS Pharmacy urged the Ninth Circuit on Tuesday to revive his claims alleging the company misled consumers with a promise its hand sanitizer kills 99.99% of germs, arguing the asterisk on the front label does not clear the company of wrongdoing despite a recent ruling from the circuit that gives significance to that type of asterisk.
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May 13, 2025
Nike Seeks Dismissal Of Investors' Sales Strategy Fraud Suit
Sportswear company Nike and several of its top executives have urged an Oregon federal judge to toss a proposed class action alleging the company's stock value declined as it continued to mislead investors on the success of a change in sales strategy, saying the suit improperly uses hindsight to claim fraud.
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May 13, 2025
Intel Schemed To Duck $1B In Mobileye Losses, Investors Say
Intel Corp. used its position as Mobileye Global's controlling shareholder and fiduciary to strategically offload $1.6 billion in stock ahead of an announcement that tanked stock prices, according to a shareholder derivative suit filed Monday in Delaware Chancery Court.
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May 13, 2025
Magistrate Judge Cuts Defendants In J&J Talc Unit Fraud Suit
A New Jersey magistrate judge on Tuesday dropped a collection of defendants from a class action brought by cancer patients alleging that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud.
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May 13, 2025
Snap Denies It Caused Users' Fentanyl Overdose Deaths
Snap has hit back at dozens of claims by parents of children who suffered fatal overdoses from fentanyl-laced pills acquired through the social media platform, saying many had a history of drug use, were themselves dealers or acquired drugs through other means.
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May 13, 2025
Target Slapped With Class Action Over IPhone Warranties
Target Corp. is facing a proposed class action alleging it misled cellphone buyers about who is responsible for repairs, how much repairs cost and the warranty terms for its phones.
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May 13, 2025
Ex-Twitter Staff Move To Force Musk's X Corp. Into Arbitration
Laid-off Twitter Inc. employees in Washington state asked a federal judge to make their ex-employer arbitrate claims that it stiffed them on severance and bonuses, saying the company now known as X Corp. has "refused to proceed with arbitration, despite having successfully blocked employees from pursuing their claims in court."
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May 13, 2025
Zulily Can't Exit Laid-Off Workers' WARN Act Suit
A Washington federal judge declined Tuesday to throw out a proposed class action accusing online retailer Zulily of failing to provide advance notice of mass layoffs to remote workers in two states, finding the plaintiff workers had adequately alleged violation of the federal layoff warning law.
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May 13, 2025
Did AI Co. Anthropic's Expert Cite AI-Hallucinated Study?
Music publishers claiming artificial intelligence company Anthropic infringed their works to train its AI models told a California federal magistrate judge Tuesday that an Anthropic expert witness cited a "fictitious" AI-generated study in a recently filed declaration, urging the judge to sanction the company's Latham & Watkins attorneys for not catching the issue.
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May 13, 2025
4 Firms Seek $5M In $6.75M Seattle Hospital Web Privacy Deal
An unnamed plaintiff is urging a Washington state judge to give final blessing to an up to $6.75 million settlement to end allegations that a Seattle hospital system deployed source code on its website that divulged patients' private health information to Google and Facebook, with class counsel requesting another $5 million in fees.
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May 13, 2025
Judge Preserves Consumer Action Over Kratom Extract
A Missouri federal judge has largely preserved claims against a company that markets an opioid-like kratom extract, advancing a proposed consumer class action alleging the products were deceptively marketed to hide their addictive properties.
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May 13, 2025
Applebee's Accused Of 'Egregious' Delivery Order Junk Fees
Applebee's employs a deceptive bait-and-switch tactic to stick hidden junk fees to delivery orders on its website that aren't mentioned to customers until the very end of the check-out process, allowing it to rake in millions in profit, according to a proposed class action filed in California federal court.
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May 13, 2025
1st Circ. Urged To Rule In Appeal Over Canceled HUD Grants
Groups challenging Trump administration cuts to $30 million in housing grants asked the First Circuit to rule that a Massachusetts federal judge, in fact, has the power to order federal officials to fund the grants, even after the judge dissolved such a ruling in reaction to a recent U.S. Supreme Court finding.
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May 13, 2025
Trump Nudges Justices To Lift Ban On Venezuelan Removals
The Trump administration has asked the U.S. Supreme Court to lift a 3-week-old order temporarily prohibiting the government from removing a group of almost 200 alleged Venezuelan gang members currently detained in northern Texas to an El Salvador prison, citing new lower court rulings and a detention center protest.
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May 13, 2025
Berkshire Unit Loses Bid To Transfer Commission Fee Suit
A Berkshire Hathaway unit and a full-service real estate company cannot transfer a proposed class action accusing real estate brokers of conspiring to inflate commissions for home sales out of Missouri federal court, the presiding judge has ruled.
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May 13, 2025
11th Circ. Eyes Restarting Seafood Workers' ESOP Suit
The Eleventh Circuit seemed Tuesday to lean toward reviving a lawsuit from former workers of a seafood company who allege that their employee stock ownership plan was overcharged in a $92 million deal, as judges questioned a lower court's decision to toss the case with prejudice.
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May 13, 2025
Snubbing Migrant Law Order Isn't Contempt, Fla. AG Says
Florida's attorney general has argued that he should not be held in contempt for telling law enforcement agencies he could not force them to comply with a temporary restraining order blocking enforcement of a state law criminalizing the entry of unauthorized immigrants.
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May 13, 2025
Walmart Settles Biometric Privacy Suit Ahead Of June Trial
Walmart and a driver for Walmart's grocery delivery platform have resolved his claims that the platform's identity verification process violates Illinois' biometric privacy law by scanning geometric facial data in their selfies and licenses to authenticate an applicant's identity without informed consent.
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May 13, 2025
Former X Exec Can Drop His Bonus Suit, Avoiding Sanctions
A former X Corp. executive can drop his suit accusing the social media company of failing to pay out bonuses after Elon Musk took over, a California federal judge ruled, rejecting the company's bid to sanction him for knowing his case was baseless from the start.
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May 13, 2025
Howard Agrees To End Retiree's Mortality Table Suit
Howard University has agreed to settle a proposed class action claiming its use of decades-old mortality data to calculate retirement benefits unlawfully reduced retirees' payouts, according to a filing in D.C. federal court.
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May 13, 2025
GM Drivers Say V-8 Engine Recall Killed Fuel Economy
A group of seven drivers have taken General Motors LLC to Pennsylvania federal court, asserting on behalf of a proposed nationwide class that the company sold them defective 6.2-liter V-8 engines and left them with a choice of either risking catastrophic failure or suffering worsened fuel economy after a recall.
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May 12, 2025
Bitcoin Miner Investor Sues Over Flawed Financial Reports
Bitcoin mining company Bitfarms Ltd. faces a proposed investor class action alleging it improperly accounted for certain capital-raising transactions, hurting investors when it announced it would restate its 2022 and 2023 financials.
Editor's Picks
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NFL Seeks To End Race-Based Concussion Tests After Outcry
The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.
Expert Analysis
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Web Tracking Ruling Signals Potential Broadening Of CCPA
The Northern District of California's recent decision in Shah v. Capital One Financial Corp. is notable, as it signals a potential broadening of the California Consumer Privacy Act's private right of action beyond data breaches to unauthorized, nonbreach disclosures involving the use of now-ubiquitous tracking technologies, say attorneys at Baker Donelson.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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ERISA Forecast After Diverging Pension Risk Transfer Rulings
Two district courts' split decisions on whether plaintiffs had standing in class actions challenging pension risk transfer transactions, amid a swath of similar suits, provide an early indication of how courts might rule in this new wave of Employee Retirement Income Security Act litigation, say attorneys at Gibson Dunn.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Maximizing Employer Defenses After Calif. Meal Waiver Ruling
A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.
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Charging A Separate Tariff Fee May Backfire For Retailers
In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.