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Class Action
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June 13, 2025
Social Media Addiction MDL Judge Picks Bellwether Trial Pool
A California federal judge on Friday narrowed the pool of cases set for the first bellwether trials in sprawling multidistrict litigation by school districts and personal injury plaintiffs over claims social media is addictive, choosing six bellwether school districts in Maryland, Georgia, Kentucky, New Jersey, North Carolina and Arizona.
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June 13, 2025
DOJ Reveals Criminal Antitrust Probe In Fragrance Market
The U.S. Department of Justice said Friday it is investigating potential price-fixing in the fragrance industry and asked a New Jersey federal judge for permission to intervene in litigation accusing fragrance giants of conspiring to reduce competition, saying it needs to protect the criminal investigation.
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June 13, 2025
Luxury Hotels Reject Latest Room Rate-Fixing Claims
Hotel chains and their "benchmarking" software provider are telling an Illinois federal judge that the latest version of a proposed price-fixing class action is no better than the one that got dismissed in March, and that the plaintiff still hasn't alleged that the hotel groups ever communicated with each other.
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June 13, 2025
GM Can't Arbitrate Driver's Transmission Defect Suit
General Motors can't rely on an arbitration clause contained in a purchase agreement between a plaintiff customer and a dealership to arbitrate his claims alleging GM made cars with a defective transmission, after a Michigan federal judge ruled Friday the clause doesn't cover GM, which wasn't a party to the contract.
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June 13, 2025
Apple Lets Crypto Fraud Schemes Onto App Store, Suit Says
Apple has been hit with a class action in California federal court alleging it allows fraudulent cryptocurrency trading applications to exist and be available for download on its App Store, causing consumers to become victims of pig butchering and other trading scams.
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June 13, 2025
Health Tech Co. Overstated AI Capabilities, Investor Suit Says
Health technology company Tempus AI Inc. and two of its executives face a shareholder class action over claims the company misrepresented its artificial intelligence capabilities, the value of its contracts and the credibility of certain joint ventures, among other things.
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June 13, 2025
Shein Faces Arbitration Push Over Paid Influencer Claims
The Singapore-based owner of fast-fashion retailer Shein has told an Illinois federal judge that a proposed class of consumers must arbitrate their claims accusing the global e-commerce platform of trying to hide that it paid social media influencers to promote its products.
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June 13, 2025
Home Sellers Say Brokerages Can't Pause Mo. Antitrust Case
A proposed class of home sellers urged a Missouri federal court to deny two brokerages' second request to stay proceedings against them in a consolidated antitrust broker fees class action while they finalize a parallel settlement in what sellers have called "copycat" proceedings in Georgia.
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June 13, 2025
Ga. Bank Ends Ex-Workers' Suit Over Liquidation Of Shares
A Georgia-based bank agreed to settle a proposed class action claiming it unlawfully forced former workers out of its employee stock ownership plan, preventing them from receiving their share of a $23.3 million dividend on company stock, according to a filing Friday in federal court.
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June 13, 2025
Fired CSX Worker Says FMLA Claims Are Timely
A former CSX Transportation Inc. employee's suit claiming he was fired for taking leave under the Family and Medical Leave Act were on pause while a similar class action was being litigated, he told a Florida federal judge Friday, urging the court to reject the transport company's dismissal bid.
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June 13, 2025
Casino Workers Say Mich. Tribe Can't Exit Data Breach Suit
A group of casino employees are fighting a motion in Michigan federal court by the Sault Ste. Marie Tribe of Chippewa Indians to throw out a proposed class action involving a data breach, arguing that tribal sovereign immunity does not bar the lawsuit.
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June 13, 2025
Ex-UMich Coach Fights Default Judgment In Hacking Case
A former University of Michigan assistant football coach accused of hacking the personal information and intimate photos of thousands of students has asked a Michigan federal judge to set aside a default entry against him, saying in the pro se filing that he was never properly served.
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June 13, 2025
3 Firms Get Early Lead Roles In Daedong Data Breach Claims
A North Carolina federal judge handed three plaintiffs firms interim lead counsel roles in a proposed class seeking to hold tractor manufacturer Daedong-USA Inc. accountable for a data breach, while also agreeing to consolidate the three suits.
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June 13, 2025
Chervon, Lowe's Say Recall Blocks Explosive Battery Suit
Chervon North America Inc. and Lowe's Home Centers LLC urged an Illinois federal court Friday to throw out a proposed class action alleging they made and sold lithium-ion batteries that were prone to overheating and combusting, saying a December recall already provided all the relief the plaintiffs could receive.
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June 13, 2025
Ichor, Orthofix CEOs Face Suits Over 'Short-Swing' Gains
The CEOs of semiconductor manufacturing company Ichor Holdings Inc. and orthopedic solutions company Orthofix Medical Inc. were hit with suits alleging they owe "short-swing" profits to their respective companies after buying and selling company stock within a six-month period.
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June 13, 2025
Calif. Residents Sue Over 'Pick 'Em' Fantasy Sports Contest
A pair of San Francisco residents filed a proposed class action in California federal court against SidePrize LLC for allegedly telling customers its "Pick 'Em" daily fantasy sports contests are legal in the state when they are actually prohibited gambling operations.
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June 13, 2025
Fla. Judge Tosses $500M Red Cross Haiti Relief Suit
A Florida federal judge has tossed a proposed class action accusing the American Red Cross of misusing over $500 million meant for Haitian earthquake victims after finding that the plaintiffs failed to establish standing.
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June 13, 2025
Midyear Report: 5 ERISA Decisions Attys Should Know
The U.S. Supreme Court revived retirement plan mismanagement allegations against Cornell University, the Sixth Circuit restarted a yacht company's suit against its health benefits administrator and American Airlines took a hit for emphasizing socially conscious investing in its 401(k) plan decisions. Here are five important decisions that came down in Employee Retirement Income Security Act cases during the first half of this year.
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June 13, 2025
CVS Wants To Halt Ark. Law Banning PBM-Owned Pharmacies
CVS urged an Arkansas federal judge to block a new state law from taking effect that would ban pharmacy benefits managers from owning pharmacies in the state, arguing the law shirks the U.S. Constitution by tamping down competition and discriminating against out-of-state businesses.
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June 13, 2025
$69M UnitedHealth 401(k) Deal Gets Green Light
A Minnesota federal judge granted final approval to a $69 million settlement agreement ending a class action claiming UnitedHealth Group kept underperforming funds in its 401(k) plan to preserve a business relationship with Wells Fargo.
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June 13, 2025
Hemp Vape Maker Wants Out Of Buyer's Delta-9 THC Suit
The maker of hemp-based electronic cigarettes under the Cake brand is asking a California federal judge to throw out a buyer's claim that the products illegally exceed federal thresholds for delta-9 THC content, saying his vague complaint doesn't meet pleading standards.
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June 13, 2025
Firms Get $275K Refund After $5M Overbilling Probe
Labaton Keller Sucharow LLP, Thornton Law Firm LLP and Lieff Cabraser Heimann & Bernstein LLP will get a total of about $275,000 back after collectively spending more than $5 million on a lengthy investigation into overbilling and other fee improprieties, a Massachusetts federal judge said Friday.
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June 12, 2025
Calif. Insurance Chief Probes State Farm's Wildfire Coverage
California Insurance Commissioner Ricardo Lara announced Thursday that he is launching an investigation into State Farm's handling of thousands of claims from the devastating Los Angeles-area wildfires, as complaints continue to grow.
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June 12, 2025
Domino's Seeks To Shake Suit Over Performance Statements
Domino's Pizza Inc. pushed for the dismissal of a proposed securities class action alleging the pizza giant knew that a major franchisee would underperform when the company made positive, forward-looking statements to shareholders, arguing that the claims are based on assertions over which the chain can't be sued.
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June 12, 2025
'I Want Names': YouTube Attys' MDL Redactions Face Scrutiny
A California federal magistrate judge ordered YouTube on Thursday to provide him with unredacted versions of documents it produced in sprawling multidistrict litigation over claims social media is addictive, and demanded that YouTube identify counsel who made its relevance-redaction determinations, saying. "I want names and I want teams."
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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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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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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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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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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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.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Opinion
9th Circ. Shopify Decision Gets Personal Jurisdiction Wrong
The Ninth Circuit's recent opinion in Briskin v. Shopify, rejecting the differential targeting requirement for personal jurisdiction, not only deviates from long-standing jurisprudence, but it also significantly expands the reach of internet-based claims under California law, says Matthew Pearson at Womble Bond.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Tips To Avoid Consumer Tracking Tech Class Actions
Recent class actions alleging Trade Desk illegally tracked millions of consumers through its advertising platform highlight growing data privacy compliance concerns over digital tracking practices, but there are disclosure best practices businesses can take to reduce litigation risk, says David Wheeler at Neal Gerber.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.