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Class Action
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October 29, 2025
Ex-Morgan Stanley Workers Say DOL Pay Plan Opinion Flawed
U.S. Department of Labor guidance that said a Morgan Stanley deferred compensation plan wasn't protected by federal benefits law ignored court rulings and gives the banking giant an unfair advantage in arbitration proceedings, a trio of ex-employees said in New York federal court.
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October 29, 2025
Coupon Company Seeks To Halt Class Discovery In TCPA Suit
A coupon book company told a North Carolina federal court Tuesday that a putative class action against it over telemarketing texts will ultimately fail because the North Carolinian who sued signed up for the messages at issue.
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October 28, 2025
CVS, Ad Partner Can't Shake Suit Over User Data Tracking
A California federal judge has refused to release CVS Pharmacy Inc. and a marketing partner from a putative class action accusing them of illegally intercepting personal health information from those who visited the retail chain's website, finding that the plaintiff had sufficiently alleged the disclosure of sensitive information and that consumers' loss of control of this data caused concrete harm.
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October 28, 2025
9th Circ. Won't Revive IPhone Web App Antitrust Suit
The Ninth Circuit on Tuesday refused to revive Apple customers' proposed antitrust class action alleging that Apple's mobile ecosystem barriers against advanced web-based apps result in higher iPhone prices, ruling they lack standing to seek injunctive relief and that an injunction against Apple likely wouldn't eliminate those barriers.
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October 28, 2025
Social Media Apps Say Section 230 Halts Mental Health Claims
Attorneys for Meta Platforms, YouTube, Snap and TikTok on Tuesday urged a Los Angeles judge to toss claims against them from an upcoming bellwether trial over the platforms' alleged harm to youth mental health, arguing that Section 230 of the Communications Decency Act should prevent many of the claims from reaching a jury.
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October 28, 2025
OpenAI Can't Strike Authors' Pirated Book Download Claims
OpenAI cannot shave copyright infringement claims alleging it downloaded books from illegal online sources out of litigation brought by some of the biggest names in literature and journalism, a Manhattan federal judge ruled, rejecting the artificial intelligence company's argument that the allegation violated a court order barring new claims.
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October 28, 2025
Tech-Backed Group Wants DOJ's Help In AI Copyright Cases
An organization backed by major technology companies has told the Trump administration that developers of generative large language models need a rescue from copyright infringement cases against them, urging the U.S. Department of Justice to intervene.
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October 28, 2025
Mondelez Wins Toss Of Clif Bar False Ad Claims
An Illinois federal judge on Monday tossed a proposed class action alleging that "climate neutral" labeling on Mondelez International Inc.'s Clif Kid Zbars is deceptive, finding that the message was a true statement by a third party.
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October 28, 2025
Judge Blasts 'Messy' Bid To Halt DHS Voter System Changes
A D.C. federal judge Tuesday torched emergency filings seeking to reverse recent changes to the U.S. Department of Homeland Security's Systematic Alien Verification for Entitlements system, calling the documents "difficult to understand" and "messy," and signaling that she likely won't grant an emergency injunction ahead of state elections next week.
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October 28, 2025
7th Circ. Skeptical Of Samsung Users' BIPA Suit Revival Bid
The Seventh Circuit seemed doubtful Tuesday that it should revive a biometric privacy suit from Samsung phone and tablet users, saying they seemed not to have pled enough to demonstrate the company ever collected or possessed their geometric facial data.
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October 28, 2025
Consumers Push To Revive BofA Fake Account Claims
A proposed class of consumers who accuse Bank of America of opening unauthorized accounts in their names have asked a North Carolina federal judge to amend their consolidated complaint, saying the proposed amendment would address the deficiencies the court found with their Fair Credit Reporting Act claims last month.
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October 28, 2025
Wash. Justices Pick Apart Aeropostale Shopper Discount Suit
The Washington Supreme Court cast doubt Tuesday on an Aeropostale customer's claims over an alleged fake discounting scheme, with one justice noting consumers cannot sue post-purchase just because they didn't get "as good of a deal" as they thought they were getting.
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October 28, 2025
Court OKs $80M Deal Over Life Policy Lapses, Terminations
A California federal court officially approved an $80 million settlement over claims that Protective Life Insurance Co. and a subsidiary violated state law by failing to provide proper notice before they declared insurance policies lapsed or terminated because of premium nonpayment.
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October 28, 2025
Trump Admin Ordered To Halt Some Shutdown-Linked Layoffs
A California federal judge on Tuesday granted a preliminary injunction to eight unions for federal workers who lost their jobs during the government shutdown, saying they were likely to succeed on their claims that the Trump administration's actions were "political retribution" and unlawful.
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October 28, 2025
Justices Told 9th Circ. Erred In ERISA Claim Release Fight
A microchip company urged the U.S. Supreme Court to review a Ninth Circuit decision reversing the company's win in a dispute from ex-workers alleging they were cheated out of severance benefits following a merger, arguing the appellate court's decision finding claim releases were unenforceable had deepened a circuit split.
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October 28, 2025
Atlanta Co. Dodges OT Pay With 'Affiliate' Scheme, Suit Says
One of the largest event management companies in Atlanta has been hit with a proposed class action in federal court for allegedly refusing to pay its employees any overtime on the basis that it is a seasonal business providing "amusement or recreational services."
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October 28, 2025
Ex-Worker Drops 401(k) Forfeiture Suit Against CommonSpirit
A former CommonSpirit Health employee dismissed her proposed class action accusing the Catholic healthcare system of unlawfully using forfeited 401(k) funds to cover its own contributions rather than reducing administrative expenses shouldered by plan participants, according to filings in Kentucky federal court.
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October 28, 2025
Snap Cuts $65M Deal To End Investor Suit Over Privacy Tools
Snapchat investors urged a California federal judge on Monday to preliminarily approve a $65 million settlement to resolve a proposed securities class action that was recently revived by the Ninth Circuit alleging the social media company downplayed the negative impact Apple's 2021 privacy changes would have on its advertising business.
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October 28, 2025
Engineer Must Give Shipbuilders No-Poach Witness Names
A Virginia federal magistrate judge ordered a naval engineer to name all the witnesses her attorneys spoke to, and all the information about those interviews, as the nation's largest military shipbuilders seek to argue she's too late to accuse them of agreeing not to poach each other's workers.
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October 28, 2025
Green Groups Ask DC Circ. To Revive Climate Grant Class Suit
Green groups and local governments are asking the D.C. Circuit to revive their now-dismissed proposed class action accusing the Trump administration of illegally terminating a $3 billion environmental justice block grant program.
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October 28, 2025
Vegan Protein Powder Contains Lead, Cadmium, Class Says
A proposed class of buyers of protein powder is suing vegan meal and supplement maker Huel Inc. in Illinois federal court, saying the company hid toxic levels of lead and cadmium in its products.
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October 28, 2025
Raleigh Urges NC Justices To Stop 'Windfall' For Developers
Without reversal of a trial court's class certification order, a lawsuit seeking refunds for fees levied to hook up to Raleigh's water and sewer system will result in duplicative "windfall" payments and spinoff litigation, the North Carolina Supreme Court was told Tuesday.
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October 28, 2025
Building Materials Co. Misled Investors About Sales, Suit Says
Fiber cement products manufacturer James Hardie Industries PLC has been hit with a proposed investor class action accusing it of making misleading claims about its ability to strengthen its North American segment while a significant portion of its customers were destocking inventory.
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October 28, 2025
Ex-Philips CEO Can't Undo Finding He Misled Shareholders
A Brooklyn federal judge will not reverse a finding that a former CEO of health technology company Koninklijke Philips NV misled shareholders about the safety and compliance of a subsidiary's sleep and respiratory care products.
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October 28, 2025
26 AGs Sue USDA Over Suspension Of Nutrition Benefits
The U.S. Department of Agriculture's decision to suspend Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown is an abuse of discretion that threatens to take food away from millions of people, according to a lawsuit filed Tuesday by 25 states and the District of Columbia.
Expert Analysis
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Latest Influencer Marketing Class Actions Pinpoint 5 Themes
Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.