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Class Action
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September 18, 2025
Delaware Judge Calls For Civility After 'Annus Horribilis'
In a rare postscript to her bench ruling this week, a Delaware vice chancellor lamented what she observed as a breakdown in the state bar's civility and mutual respect over the past "annus horribilis," comments that have since drawn cautious support and resonance with several in the First State's legal community.
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September 18, 2025
Arbitration Clauses Won't Protect IPOs From Investor Suits
With the U.S. Securities and Exchange Commission greenlighting the use of mandatory arbitration clauses for newly public companies, securities litigation experts are waiting to see whether any company is willing to risk the almost inevitable legal blowback that will come with taking advantage of the policy.
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September 18, 2025
Amazon Must Face Buyers' Antitrust Suit Over Pricing Policy
A Manhattan federal judge on Thursday allowed consumers' lawsuit targeting a policy Amazon had in place until March 2019 that restricted sellers from offering cheaper prices elsewhere to proceed under antitrust and consumer protection laws in 25 states, but tossed claims brought under Kansas, Mississippi, Missouri and Tennessee laws.
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September 18, 2025
NY Judge Closes Warehouse Workers' Unpaid Wages Suit
A New York federal judge on Thursday dismissed a proposed class action for unpaid wages brought on behalf of Parts Authority warehouse employees after two staffing companies offered to pay $230,000 to end the suit.
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September 18, 2025
Cytokinetics Investor Sues Over Heart Drug Approval Claims
Biopharmaceutical company Cytokinetics and its CEO have been hit with a proposed investor class action in California federal court alleging they made false and misleading statements about the regulatory timeline for one of the company's new drugs, which caused a share price drop when the truth came to light.
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September 18, 2025
Philip Morris Gets Swedish Match Deal Case Stubbed Out
A Virginia federal court tossed a proposed class action on Thursday from consumers accusing Philip Morris of violating antitrust law by purchasing Swedish Match rather than competing in the U.S. market for nicotine pouches with its own product, after finding the claims were based on conjecture instead of facts.
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September 18, 2025
Groups Look To Block EPA's $3B Grant Cuts Amid Appeal
Conservation, tribal groups, and local and county governments are looking to block the U.S. Environmental Protection Agency from terminating a $3 billion climate grant program while they appeal a decision that dismissed their claims, arguing that public interest and equities weigh heavily in their favor.
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September 18, 2025
Pipe Maker Gets 2nd Shot At Bringing Asbestos RICO Claims
An Illinois federal judge has said a Los Angeles pipe manufacturer can bring amended civil racketeering claims over a St. Louis-area law firm's alleged conspiracy to bring meritless asbestos claims, after the company argued information from confidential whistleblowers warranted an attempt to fix earlier pleading deficiencies.
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September 18, 2025
Wells Fargo To Pay $48.5M To End Senior Banker OT Suit
A proposed class of Wells Fargo employees known as "senior premier bankers" asked a California federal judge to give the first OK to a $48.5 million settlement resolving claims that the bank wrongfully exempted thousands of such workers from receiving overtime pay.
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September 18, 2025
Elevance Won't Cover Zepbound To Treat Apnea, Patient Says
Elevance Health, formerly known as Anthem Inc., arbitrarily excludes coverage of FDA-approved Zepbound to treat moderate to severe obstructive sleep apnea and refuses to consider requests for exceptions by maintaining that the medication is for weight loss, alleges a proposed class action filed by an enrollee in Indiana federal court Tuesday.
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September 18, 2025
Chinese Aircraft Co., Investors Ink $1.9M Deal Over 'Fake' Sales
A California federal judge has granted the first green light to a $1.9 million settlement between investors and Chinese autonomous aircraft company EHang to resolve claims the company made false and misleading statements about pre-orders for its autonomous aerial vehicles.
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September 18, 2025
Apple Affiliate Can't Ax Classes After Wage Trial, Court Told
An Apple-affiliated repair company cannot undo five classes in a wage and hour suit that snagged a nearly $840,000 win for employees, the workers told a North Carolina federal court, arguing the company's decertification request is a "Hail Mary" attempt to delay its appeal.
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September 18, 2025
Jackson Lewis Lands 2 Principals From Stokes Wagner
Jackson Lewis PC announced Thursday that it has hired two former Stokes Wagner attorneys as principals in two of its California offices to bolster the employment law services it offers its clients.
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September 18, 2025
Ga. Bar Again Seeks To Shut Down Atty's Racial Bias Suit
The State Bar of Georgia has asked an Atlanta federal judge to toss a proposed class action alleging it engaged in a pattern of racial discrimination in disciplining Black attorneys, arguing that even though the Eleventh Circuit revived the claims on jurisdictional grounds, the parties have immunity.
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September 18, 2025
Harley-Davidson Says 7th Circ. Right To Toss Warranty Suit
Harley-Davidson is urging the Seventh Circuit not to hold an en banc rehearing on antitrust claims alleging its warranties prohibited off-brand parts, saying the panel was correct last month when it found the plaintiffs failed to allege the relevant market or that the warranty actually had any such prohibition.
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September 18, 2025
Ex-Harvard Worker Says 'Personal Time' Subject To Wage Law
A former Harvard University employee says the nation's oldest college is wrongfully withholding accrued but unused "personal time" from departing workers, in a proposed class action filed in Massachusetts state court.
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September 18, 2025
PNC Accused Of Sharing Site Users' Private Info With LinkedIn
A proposed class action claims PNC Financial Services violated the privacy of visitors to its website by tracking their browsing and sharing that information with social network LinkedIn, according to a complaint filed in Pennsylvania state court.
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September 18, 2025
Valitic Soap Is Unapproved Drug, Class Of Buyers Claims
A proposed class of soap buyers is suing the maker of Valitic soap in New York federal court, alleging that it is an illegal drug as it claims to be able to treat dark spots, acne and other skin conditions without U.S. Food and Drug Administration approval.
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September 18, 2025
Judge Halts Kids' Removal, Calls ICE Plan 'House Of Cards'
A D.C. federal judge issued a temporary restraining order Thursday barring the Trump administration from deporting Guatemalan children in federal custody, finding the move would likely violate congressionally established procedures for unaccompanied minors.
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September 17, 2025
Litigation Spending To Keep Growing As Biz Risks Run High
Companies are likely to increase their spending on litigation next year, some by over 10%, as legal disputes become more complex, more contentious and more high-stakes, according to a new report out Thursday.
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September 17, 2025
Disney's $233M Deal In Living Wage Suit Gets Final OK
A California state court has granted final approval of Walt Disney Co.'s $233 million settlement with more than 51,000 Disneyland workers who accused the entertainment company of flouting the city of Anaheim's minimum wage ordinance, handing the workers' lawyers $35 million in attorney fees.
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September 17, 2025
Movie Chain Shakes Privacy Row Over Meta Data-Sharing
A New York federal judge tossed a proposed class action accusing Bow Tie Cinemas of illegally sharing movie ticket buyers' personal information with Facebook parent Meta, finding a recent Second Circuit decision on what qualifies as data covered by the Video Privacy Protection Act was "fatal" to the plaintiff's claims.
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September 17, 2025
Ex-Applicant Sues Walmart, Alleging Consumer Report Misstep
Big box retailer Walmart faces a proposed class action alleging it violated the Fair Credit Reporting Act by running a background check, then rescinding a job offer to an applicant who'd disclosed her criminal record before starting the application process.
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September 17, 2025
3rd Circ. Urged To Revive NJ Casino Antitrust Pricing Suit
Algorithmic collusion by Atlantic City casino hotels, as alleged by their customers, poses a grave threat to consumers as the hotels use software to get around a century's worth of antitrust precedent, an attorney for the American Antitrust Institute told the Third Circuit on Wednesday, urging the court to revive an antitrust suit.
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September 17, 2025
NCR Pushes For Full 11th Circ. Review In Pension Payout Spat
Software company NCR Corp. asked the full Eleventh Circuit on Tuesday to examine a pension payout fight with former executives in the wake of a three-judge panel's ruling last month that the company can't issue lump-sum payments to plan participants as alternatives to promised life annuities.
Expert Analysis
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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.
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CFPB Industry Impact Uncertain Amid Priority Shift, Staff Cuts
A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.