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Class Action
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May 07, 2025
Tennis Group Told Not To Try To Sway Players In Antitrust Suit
A New York federal judge on Wednesday rebuked the Association of Tennis Professionals for making coercive statements to players about joining a proposed antitrust class action against various professional groups within the sport, saying it is improper because of its interest in the outcome of the case.
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May 07, 2025
Wells Fargo Forced Short Sales Despite CARES Act, Suit Says
Wells Fargo forced the short sale of a North Carolina woman's home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic, she alleged in a proposed class action filed in California federal court.
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May 07, 2025
McMahon's Misconduct Docs Sought In WWE Merger Suit
Shareholders seeking damages from World Wrestling Entertainment Inc.'s disputed $21.4 billion merger with Ultimate Fighting Championship have urged a Delaware vice chancellor to force WWE's former CEO, Vince McMahon, to hand over documents regarding his alleged sexual misconduct and hush money payments, arguing they are central to the suit.
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May 07, 2025
Nordstrom's Investor Can't Block Vote On Go-Private Deal
A Washington federal judge said he won't block a shareholder vote on Nordstrom's proposed $6.25 billion deal to go private, issuing a sealed order on Tuesday denying a preliminary injunction bid in a proposed investor class action.
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May 07, 2025
US Bancorp Retirees Pare Down Class Status Request
A trio of U.S. Bancorp retirees asked a Minnesota federal judge for class status in their lawsuit claiming the company underpaid workers who opted for early retirement, arguing that a narrowed class definition should allay concerns previously identified by the court.
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May 07, 2025
AWOL Plaintiff Dropped From Apple, Amazon Antitrust Case
A Washington federal judge has ousted the lead plaintiff in a proposed antitrust class action against Apple and Amazon, after deciding last month to sanction the firm bringing the case for failing to tell the court the client had abandoned the case.
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May 07, 2025
Ga. Law Firm Must Back Up Class Claims Against State Farm
A Georgia federal judge on Wednesday gave a law firm until next week to establish that a putative class action alleging State Farm has underpaid it and other insureds belongs in federal court, where the amount in controversy must meet a $5 million threshold.
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May 07, 2025
Payroll Company Hit With Class Action Over Data Breach
A payroll company failed to safeguard personal data and allowed Social Security numbers to be stolen in a hack last year, according to a proposed class action filed in Massachusetts federal court.
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May 06, 2025
Pornhub Can't Challenge Section 230 Ruling With Fast Appeal
An Alabama federal judge Tuesday denied Pornhub parent company MindGeek's request to appeal his finding that the platform isn't protected by Section 230 of the Communications Decency Act against claims it profited from child sex trafficking and pornography.
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May 06, 2025
PennyMac Wins Quick 9th Circ. Appeal Of Libor-Rate Ruling
A California federal judge on Monday allowed PennyMac entities to pursue their quick appeal in a proposed class action alleging they illegally imposed a lower fixed interest rate instead of a variable rate on preferred-stock dividends, asking the Ninth Circuit to clarify whether the Libor Act bars such fixed rates.
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May 06, 2025
VIX Note Investors Can't Revise Revived Suit, Judge Finds
Investors who claimed Credit Suisse manipulated the market for a certain exchange-traded note it issued can't revise their suit to add claims about the bank's lending practices and internal calculations, a New York federal judge has determined.
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May 06, 2025
Whole Foods Beef Buyers Urge Judge Not To Wait On Justices
An attorney for a group of consumers alleging Whole Foods falsely advertises its beef as free from antibiotics urged a California federal judge Tuesday not to wait for a pending U.S. Supreme Court ruling about class certification standards for uninjured members, saying that all the purchasers were injured because they paid inflated prices.
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May 06, 2025
Delta Must Keep Battling Customers' Trimmed IT Outage Suit
A Georgia federal judge on Tuesday threw out the bulk of customers' proposed class action over the 2024 global tech outage that disrupted thousands of flights, while permitting a handful of customers to move forward with claims that Delta owed them refunds.
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May 06, 2025
Medical Device Co. SeaStar Seeks Toss Of Shareholder Suit
SeaStar Medical Inc. has urged a Colorado federal judge to toss a proposed class action alleging the healthcare company misled investors about potential regulatory risks and compliance deficiencies, arguing the amended complaint "attempts to create the illusion of factual particularity through a façade of prolixity."
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May 06, 2025
11th Circ. Refuses Celebrity Cruise Crew's Captivity Claim
The Eleventh Circuit on Tuesday refused to revive putative class action claims that alleged Celebrity Cruises forced Filipino crew members to stay on board without pay after the cruise industry temporarily shut down due to COVID-19, saying Celebrity's conduct, though not ideal, wasn't so "outrageous" that it caused severe emotional distress.
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May 06, 2025
Emory Parent's COVID Tuition Refund Suit Axed Over Standing
A Georgia federal judge threw out a proposed class action filed by the father of an Emory University student seeking a refund over the university's closures during the COVID-19 pandemic, finding only the student had the right to sue.
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May 06, 2025
Eucerin Lotions Contain Synthetic Moisturizers, Suit Says
The company that sells Eucerin lotion illegally markets several of its lotions to claim they contain "natural moisturizing factors" even though they contain synthetic moisturizers, an Illinois consumer claimed in state court Monday.
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May 06, 2025
Mars Dog Food Has Dangerous Vitamin D Levels, Suit Says
Mars Petcare's Pedigree brand of kibble is falsely marketed as a "100% Complete & Balanced" diet for pets despite containing dangerous levels of vitamin D that leads to vomiting and diarrhea in dogs, according to a recently filed proposed class action in Tennessee federal court.
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May 06, 2025
Golf Gear Co. Sued In Del. Over Controller Share Sales
A pension fund stockholder of golf gear maker and distributor Acushnet Holdings Corp. sued its controlling stockholders and directors on Monday for purportedly lining up hundreds of millions in company share repurchases that preserved the controllers' status despite repeated stock sales.
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May 06, 2025
Ga. Court Axes Web Tracking Class Action Against Hospital
A Georgia hospital has defeated a putative class action alleging that it allowed Meta Platforms Inc.'s Pixel software to pilfer the data of thousands of patients who accessed its websites, as a state court judge ruled the suit relied on "conclusory" theories and alleged only the prospect that patients' information could be compromised.
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May 06, 2025
Honda Can't Toss Suit Over Defective Infotainment System
An Illinois federal judge won't fully dismiss a proposed class action from a woman alleging that her 2020 Honda Pilot was sold with a defective infotainment system, finding that she has standing to pursue monetary damages, but not an injunction because she no longer has the vehicle.
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May 06, 2025
Tennis Players Push For Cert. In NCAA Prize Money Battle
College tennis players are again seeking class certification in their lawsuit against the National Collegiate Athletic Association over its prize money restrictions, pushing back on the organization's arguments that the case is too flimsy and anecdotal.
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May 06, 2025
Judges Block Trump's Wartime Law Removals In Colo., SDNY
Federal judges in Colorado and New York on Tuesday blocked deportations of noncitizens in their respective districts under President Donald Trump's proclamation aimed at expelling alleged Venezuelan gang members, with one saying Trump's assertion of absolute power over immigration policy "staggers."
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May 06, 2025
Mistrial Declared On Punitive Damages In Bard Cancer Case
A Georgia state judge declared a mistrial as to punitive damages Tuesday in a suit alleging C.R. Bard's ethylene oxide emissions caused a man's cancer, leaving a $20 million compensatory damages verdict in place but inviting a round of briefing on the unusual situation.
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May 06, 2025
Diageo Overstates Agave Content In Tequilas, Suit Says
Global liquor giant Diageo North America falsely advertises its Casamigos and Don Julio beverages as containing 100% tequila agave, despite that the distilled spirits are adulterated with significant amounts of cane or other types of alcohol, according to a proposed class action filed Monday in New York federal court.
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
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.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four federal appellate court decisions and identifies practice tips from cases involving pretrial detainee bail funds, employment law, product defect allegations and claims of not providing proper pain medication at a jail.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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Opinion
It's Time To Reform Mass Arbitration
A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.