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Class Action
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August 06, 2025
Indivior Beats Investor Suit Over Opioid Drug Sales Forecasts
A Virginia federal judge Wednesday tossed an investor class action accusing drugmaker Indivior PLC of overstating the financial prospects of its drugs used to treat opioid use disorders and its ability to forecast such financial projections, finding, among other things, that the complaint's challenged statements are inactionable.
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August 06, 2025
Fox Corp. Seeks Del. Court Ruling On Class Suit Discovery
Fox Corp. attorneys asked a Delaware vice chancellor Wednesday to set boundaries for summary judgment discovery in a derivative suit linking Fox's board and officers to defamation of 2020 election vote tabulation companies, arguing that counsel for stockholders want an "overbroad" probe.
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August 06, 2025
Federal Court Advances Osage Members' Royalty Case
A Federal Claims Court is allowing a proposed $100 million class action lawsuit by members of the Osage Nation over the federal government's alleged mismanagement of oil and gas royalties to proceed, while finding that their pre-settlement claims in the yearslong dispute are barred.
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August 06, 2025
Ex-Homeowners Seek OK On Tax Foreclosure Suit Deal
A proposed class of former property owners asked a Michigan federal judge Tuesday to give initial support to a settlement with several counties that would allow the ex-homeowners to receive the surplus profits they allege the county treasurers made selling their tax-delinquent properties.
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August 06, 2025
Insulin Collusion Needn't Be 'Clever' To Exist, 2nd Circ. Says
A Second Circuit panel revived safety-net providers' proposed class action claims against Sanofi, Eli Lilly, Novo Nordisk and AstraZeneca on Wednesday that allege the company agreed to limit discount program participation to spike insulin and weight-loss drug costs, with the appeals court rejecting drugmaker arguments that their actions weren't "clever" enough to be collusion.
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August 06, 2025
Valve Won't Pay $21M Arb. Fee In Antitrust Fight, Gamers Say
About 15,000 users of Steam, one of the largest online sellers of video games, have accused the platform's operator, Valve, in a new proposed class action in Washington federal court of refusing to pay its nearly $21 million share in arbitration fees stemming from a series of individual antitrust disputes, in which consumers alleged the company inflated the price it charged for games.
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August 06, 2025
Wells Fargo Beats Cert. Bid In Mortgage Racial Bias Suit
Mortgage applicants accusing Wells Fargo of discriminating against borrowers from racial minorities by charging them higher interest rates have been denied class certification, with a California federal court ruling they have failed to show sufficient commonality among their claims.
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August 06, 2025
4th Circ. Revives Chance Of Class Cert. For Overdraft Suit
The Fourth Circuit has reversed a denial of class certification in a lawsuit against Michigan-based Independent Bank, finding that a South Carolina federal judge had improperly ruled that bank customer Jamila Grice couldn't represent a nationwide class and remanding the case for further proceedings.
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August 06, 2025
7th Circ. Reverses Class Cert. In Wis. Gas Price-Fixing Suit
The Seventh Circuit unwound a lower court's decision to certify a class in a Wisconsin natural gas price-fixing case on Tuesday, saying the trial judge needed to "engage more fully" with conflicting expert evidence before deciding that common issues predominate in the case.
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August 06, 2025
Wells Fargo Worker To Pay $3M To Settle ESOP Class Claims
A Wells Fargo employee will pay $3 million to resolve claims against her in a class action alleging owners of an electrical component company and managers of its employee stock ownership plan undervalued the plan's shares when the program shut down, according to a filing in Massachusetts federal court.
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August 06, 2025
9th Circ. Backs SEC's No-Denials Settlements Rule
The Ninth Circuit on Wednesday rejected a First Amendment challenge to a decades-old U.S. Securities and Exchange Commission rule that restricts defendants who settle securities law charges from denying the claims against them, saying the law has "long regarded the voluntary relinquishment of constitutional rights as permissible" with safeguards.
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August 06, 2025
Judge OKs Addition Of Kenvue, Janssen To J&J Talc MDL
A New Jersey federal judge has rejected Johnson & Johnson's challenge to cancer patients' bid to add additional corporate defendants to multidistrict federal litigation over its talcum powder products, finding the additions would not be futile.
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August 06, 2025
7th Circ. Adopts Flexible Standard For Collective Actions
The Seventh Circuit in a discrimination case against Eli Lilly & Co. laid out a new standard for certifying collective actions, joining the Fifth and Sixth circuits in departing from a two-step analysis courts had used for decades but taking a more middle-of-the-road approach.
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August 06, 2025
2nd Circ. Backs J&J Spinoff In 'Rapid Release' Label Suit
The Second Circuit on Wednesday declined to revive a proposed class action alleging a Johnson & Johnson spinoff company misled consumers by claiming that "Rapid Release" Tylenol gelcaps dissolve faster than other types of Tylenol.
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August 06, 2025
NC Consulting Co. Says Veterans Are Overreaching In Fee Fight
A consulting business in North Carolina has told a federal court that a proposed class of veterans who are accusing it of charging illegal fees to help with initial disability claims cannot show the company acted without proper accreditation, and that their claims alleging it violated a state consumer protection law is doomed.
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August 06, 2025
Steakhouse Can't Shake Certified Class In Conn. Wage Suit
A class of tipped servers accusing a steakhouse at the Foxwoods Resort Casino of unpaid wages will stay in place, a Connecticut state judge ruled, saying that the employer overplayed a court's earlier decision finding that the workers didn't perform nonservice tasks.
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August 06, 2025
LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias Suit
Attorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case.
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August 05, 2025
Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits
The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.
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August 05, 2025
Fat Brands Shareholder Disputes Settle With $10M Payout
Fat Brands Inc.'s chairman and some of the restaurant franchising company's former directors announced Tuesday they agreed to settle a pair of shareholder derivative lawsuits pending in Delaware's Chancery Court that alleged breaches of fiduciary duties concerning a 2020 merger and a 2021 recapitalization.
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August 05, 2025
Retailer To Face Wiretap, Hacking Claims In Data Sharing Row
A California federal judge has trimmed a proposed class action accusing footwear retailer Rack Room Shoes Inc. of allowing Meta and other third parties to intercept website visitors' personal information, axing a pair of consumer protection claims while permitting revamped federal wiretap and state anti-hacking allegations to proceed.
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August 05, 2025
Walmart Largely Snuffs Out Exploding Candle Class Action
An Ohio federal judge has largely thrown out a proposed class action claiming that Mainstays-branded candles sold at Walmart have dangerous defects that can lead to them exploding, finding a long list of deficiencies in the candle purchasers' sprawling complaint.
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August 05, 2025
Key Opioid Theory Actually Irrelevant, Drug Cos. Tell 4th Circ.
With federal judges in West Virginia suddenly split over the central legal theory in opioid litigation, major drug distributors are insisting the theory actually doesn't matter, telling the Fourth Circuit it can uphold their triumph in a landmark trial without even touching the hot-button issue.
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August 05, 2025
Law, Medical School Orgs Face Application Fee Antitrust Suits
The Law School Admission Council and the Association of American Medical Colleges have each been hit with a proposed class action in Pennsylvania and D.C. federal courts, respectively, by candidates who said the nonprofits conspired with their member schools to charge excessive application fees that have been fixed at the same price regardless of the school.
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August 05, 2025
Apple Looks To Nix Consumer Antitrust Case, Decertify Class
Apple told a California federal court that antitrust claims from a class of more than 185 million consumers targeting its App Store policies should not go to trial because the allegations focus on legitimate product design and business decisions, not anti-competitive conduct.
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August 05, 2025
Challenge To GOP Enviro Grant Cutoff Can Proceed, Judge Told
Attorneys for environmental infrastructure grant recipients told a D.C. federal judge Tuesday that the U.S. Environmental Protection Agency's own emails show that a proposed class action challenging the blanket termination of a climate justice and resilience grant program can move forward despite Congress' recent recission of "unobligated" funds.
Expert Analysis
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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Chancery Ruling Holds Authorized Share Takeaways For Cos.
The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Bill Would Bring Welcome Clarity To Del. Corporate Law
A recently proposed bill in Delaware that would provide greater predictability for areas including director independence and controlling stockholders reflects prudential adjustments consistent with the state's long history of refining and modernizing its corporate law, say attorneys at Simpson Thacher.