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Class Action
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July 30, 2025
ImmunityBio Investors Nab Initial OK On Derivative Suit Deal
A California federal judge has granted initial approval to a deal ending derivative claims that ImmunityBio executives failed to disclose manufacturing deficiencies that doomed the company's lead cancer drug application.
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July 30, 2025
TD Bank Can't Beat Suit Over $3B AML Fine, Investors Say
TD Bank investors have urged a New York federal judge not to toss their class action over stock price drops the Canadian bank suffered after U.S. authorities announced a $3 billion settlement covering anti-money laundering compliance failures, saying it is undisputed that TD "vastly underinvested in AML compliance efforts" for over a decade.
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July 30, 2025
11th Circ. Considers If TCPA's Fax Provisions Are 'Procedural'
A doctor who sued two medical providers for allegedly sending more than 14,000 unsolicited fax advertisements in 2022 urged the Eleventh Circuit to overturn a district court's denial of class certification, arguing the lower court wrongly found users of online fax services lack standing to sue under the Telephone Consumer Protection Act.
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July 30, 2025
Senate Panel Advances 2 Bipartisan Bills Boosting ESOPs
A key Senate panel advanced two bills Wednesday that would change federal benefits law related to employee stock ownership plans, or ESOPs, by providing businesses additional legal cover when they make company stock valuations and by adding ESOP representatives to a federal advisory board.
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July 30, 2025
Amazon Denied 'Mini-Trial' Against Shoppers' Proposed Class
A Washington state federal judge summarily refused Wednesday to let Amazon interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, finding that the proposal for evidentiary hearing, with cross-examination, is unneeded.
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July 30, 2025
Moncler Faces Don-Doff PAGA Suit
A former Moncler employee has slapped the luxury fashion brand with a Private Attorneys General Act suit in California state court, claiming it shorted them by not paying for time spent getting into and out of uniforms and undergoing bag checks before starting their shifts.
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July 30, 2025
Database Administrator Was Employee, Court Told
A former database administrator was misclassified as an independent contractor, he alleged in a proposed class and collective action in New York federal court against companies including Express Scripts and Cigna, saying he was effectively an employee.
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July 30, 2025
Housing Groups Want $30M Grant Case Kept In District Court
A coalition of housing advocacy groups challenging the termination of $30 million in federal anti-discrimination grants asked the First Circuit on Wednesday to let the Massachusetts federal district court keep jurisdiction over the case, if only to keep it alive long enough to figure out next steps.
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July 30, 2025
Calif. Residents Urge Justices To Take Up Jury Trial Question
A group of Humboldt County property owners are urging the U.S. Supreme Court to take up the group's appeal over the dismissal of its Seventh Amendment claim for a jury trial in a suit against the county alleging the county wrongly targeted the owners for illegal cannabis growth, saying the justices should reject the county's argument that the question is not ripe.
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July 30, 2025
Former NASCAR Employee Sues Over Data Breach
A former NASCAR employee is spearheading a proposed class action against the racing organization in Florida federal court over its failure to prevent a data breach that saw the theft of sensitive user information.
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July 30, 2025
AI, Crypto Securities Class Actions On The Rise, Report Says
The filing of new securities class actions has remained steady during the first half of 2025, but investor suits related to artificial intelligence and cryptocurrency are on pace to increase, according to a Cornerstone Research report released Wednesday, signaling the recent rapid growth of both industries.
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July 29, 2025
Oil Co. Misled Investors Prior To $295M Offering, Suit Says
Oil and gas company Sable Offshore Corp. is facing a proposed investor class action alleging the company hurt investors by overpricing a secondary public offering after misrepresenting it had restarted oil production at a field off the coast of California.
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July 29, 2025
Ex-United Food President Can't Ditch Investor's Suit
A New York federal judge has rejected a motion for judgment on the pleadings brought by the former president of United Natural Foods Inc. in a proposed securities fraud class action, finding shareholders have sufficiently shown at this point that the former executive had control and culpable participation in allegedly misleading statements.
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July 29, 2025
Pa. Bank Slams Ponzi Investors' 'Search For Scapegoats'
A Pennsylvania-based community bank has urged a federal judge to dismiss a proposed class action accusing it of enabling a $155 million Ponzi scheme carried out by a Pennsylvania dentist and a Texas attorney, arguing that the case attempts to unconstitutionally import Texas securities law into the Keystone State.
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July 29, 2025
Ocugen Beats Investor Suit Over Financial Controls
Biopharmaceutical company Ocugen Inc. on Tuesday won permanent dismissal from an investor's class action accusing it of concealing weak financial controls that led to it refiling accounting statements for several periods, with a Pennsylvania federal judge determining that Ocugen's stock price recovered from the announcement it had erred in its reports.
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July 29, 2025
Fight Over End To Migrant Parole May Be Moot, 1st Circ. Hints
The First Circuit grappled Tuesday with whether the Trump administration could elect to abruptly end a Biden-era immigration parole program, even as it appeared to acknowledge that as a practical matter, the measure could die of attrition before the question is answered.
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July 29, 2025
REIT Shareholders File 'Improper Lending' Suit Against Execs
Two Arbor Realty Trust Inc. shareholders hit several of the real estate investment trust's executives, including its president and CEO Ivan Kaufman, with a derivative suit on Tuesday alleging they made the REIT use "improper lending practices" that saddled the company "with a severely distressed loan portfolio."
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July 29, 2025
Flywire Hid Impact Of Student Visa Restrictions, Investor Says
Payment technology company Flywire Inc. has been hit with a proposed shareholder class action in New York federal court accusing the company of attempting to minimize the impact of international student visa restrictions, particularly in Australia and Canada, on its revenues.
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July 29, 2025
Travelers Gets Trim Of Ex-Worker's Tobacco Health Fee Suit
A Minnesota federal judge pared down claims Tuesday from a former Travelers worker's suit alleging the insurance and financial services company unlawfully imposed a surcharge on the health plans of employees who disclosed they were tobacco users and thereby violated nondiscrimination provisions in federal benefits law.
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July 29, 2025
Harvard Escapes Title IX Suit Over Transgender Swimmer
A Massachusetts federal judge on Tuesday dismissed Harvard University and stayed proceedings in a lawsuit filed by three former collegiate swimmers over the participation of a transgender athlete in a 2022 competition at the school, pending the decision on a similar case in Georgia.
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July 29, 2025
Ex-TTEC Worker Pushes For Cert. In Expense Coverage Suit
A former TTEC Services employee accusing the customer service technology company of failing to reimburse workers for computers and internet upgrades asked a Colorado federal judge on Monday to certify a proposed class and collective action, claiming Tenth Circuit precedent backs certification prior to a court considering arbitration agreements.
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July 29, 2025
Symetra Gets Final OK On $2.1M Structured Settlement Suit
A Washington federal judge has given final approval to a $2.175 million deal to end allegations that insurance conglomerate Symetra tricked structured settlement recipients into trading their long-term payments for a heavily discounted lump sum.
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July 29, 2025
Limited Run Games Customers Seek OK Of $2.7M VPPA Deal
Limited Run Games inked a $2.72 million settlement in a proposed class action alleging it illegally shared customers' personally identifiable information and video-viewing history with Meta Platforms Inc. through a tracking pixel embedded on its website, according to a preliminary approval motion filed in New York federal court.
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July 29, 2025
Ford Settles Proposed Class Action Over Emissions Warranty
Ford has settled a putative class action accusing it of violating the unfair competition law by failing to provide an emissions warranty for Golden State drivers whose vehicle transmissions weren't covered for seven years or 70,000 miles, according to a notice filed in California federal court.
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July 29, 2025
Some OpenAI Defenses Nixed In 'Over-Litigated' Musk Suit
A California federal judge briefly took Elon Musk and OpenAI to task on Tuesday, in an order summarily nixing some of the ChatGPT-maker's affirmative defenses against the billionaire's lawsuit challenging plans to change its corporate structure.
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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And Now A Word From The Panel: Back In Action
A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Lessons On Parallel Settlements From Vanguard Class Action
A Pennsylvania federal judge’s unexpected denial of a proposed $40 million settlement of an investor class action against Vanguard highlights key factors parties should consider when settlement involves both regulators and civil plaintiffs, say attorneys at Ropes & Gray.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Rule 23 Class Certification Matters In Settlements, Too
The U.S. Supreme Court's recent ruling in Trump v. CASA Inc. highlighted requirements for certifying classes for litigation in federal court, but counsel must also understand how Rule 23 of the Federal Rules of Civil Procedure may affect certifying classes for settlement purposes, say attorneys at Sidley.
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Anthropic Ruling Creates Fair Use Framework For AI Training
A California federal court’s recent ruling that Anthropic’s use of copyrighted books to train its large language model qualified as fair use provides important guidance for both artificial intelligence developers and copyright holders because it distinguishes between transformative uses and unauthorized uses involving pirated or format-shifted works, say attorneys at Ropes & Gray.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Ultra-Processed Food Claims Rely On Unproven Science
Plaintiffs' arguments that ultra-processed foods are responsible for the nationwide increase in certain chronic illnesses, though a novel approach to food-based personal injury claims, depend on theories that are still being tested, say attorneys at DLA Piper.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.