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Class Action
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November 14, 2025
Drug Buyers Defend Class Cert. In 3rd Circ. Generics Case
Direct purchasers and end-payers in the sprawling multidistrict litigation over alleged price-fixing of generic drugs are fighting requests from Actavis and Mylan to undo class certification in the cases, arguing to the Third Circuit that the litigation is a classic example of a class action matter.
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November 14, 2025
Junior Hockey Players Fight Wage Case Dismissal In Appeal
Junior hockey players have asked the Ninth Circuit to reverse a lower court toss of their wage suppression suit against the National Hockey League and Canadian leagues, arguing that the territorial reach of U.S. antitrust laws gives United States federal courts jurisdiction.
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November 14, 2025
SeaWorld Faces Fla. Suit Over 'Bait-And-Switch' Fees
A Florida woman has brought a federal proposed deceptive business practices class action against SeaWorld, alleging that the theme park uses "bait-and-switch" tactics to lure customers and tacks on junk fees for ticket purchases.
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November 14, 2025
Customer PFAS Cases Against Conn. Water Cos. Can Proceed
Connecticut's utility and public health regulators do not have the authority to grant the relief that customers are seeking through two proposed class actions alleging The Connecticut Water Co. and Aquarion Water Co. sold water contaminated with "forever chemicals," a state court judge ruled in declining to dismiss each case.
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November 14, 2025
Colo. Mining Co. Dodged Donning Pay, Court Told
A Colorado mining company failed to pay workers for time spent putting on protective gear and attending meetings, a former lead man and heavy equipment operator alleged in a proposed collective action in federal court.
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November 14, 2025
Camp Lejeune Plaintiffs Say Feds' Overlong Briefs Risk Delays
Attorneys representing Camp Lejeune toxic water litigants are urging a North Carolina federal court to expedite the upcoming set of bellwether cases, saying the government shouldn't be allowed to cause delay through unnecessary and excessive briefs that together are longer than "Moby Dick."
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November 14, 2025
ByHeart Sued Over Baby Food Botulism Contamination
A proposed class of consumers is suing ByHeart Inc., alleging that the company failed to warn buyers that its baby formula is contaminated with Clostridium botulinum, which can cause rare but potentially fatal infant botulism.
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November 13, 2025
BofA, BNY Slam 'Razor-Thin' Epstein Enabling Claims
Bank of America and the Bank of New York Mellon Corp. urged a Manhattan federal judge Thursday to toss lawsuits accusing them of enabling Jeffrey Epstein's sex trafficking enterprise and failing to timely report the late sex offender's suspicious transactions, saying "razor-thin allegations" don't connect the institutions to the crimes.
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November 13, 2025
HGTV Owner Sheds Video Privacy Suit Over Meta Data Sharing
A New York federal judge Thursday tossed a putative class action accusing the owner of HGTV of illegally sharing information about website visitors' video-watching activities with Facebook, finding that the plaintiff had failed to adequately allege that the media company disclosed the type of data protected by federal video privacy law.
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November 13, 2025
7th Circ. Judge Questions Pilgrim's Chicken Price-Fix Win
A Seventh Circuit judge seemed skeptical Thursday that a brief email acceptance and an unsigned agreement are enough to say Pilgrim's Pride had definitively settled chicken and other protein price-fixing claims with Sysco before a Burford Capital LLC unit picked them up to continue litigating.
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November 13, 2025
Cancer Patient Was Severely Addicted, Tobacco Jury Told
The youngest daughter of a longtime smoker who died of lung cancer testified Thursday at trial against Philip Morris and R.J. Reynolds that her mother went to emotional and behavioral extremes to get her "fix."
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November 13, 2025
Coinbase Counsel's DExit Letter Triggers Class Atty Pushback
A Grant & Eisenhofer PA principal has challenged Coinbase Global Inc.'s continued limiting of public disclosures in a Delaware Court of Chancery suit alleging insider trading ahead of a stock plunge, after the company told the U.S. Securities and Exchange Commission Wednesday it will recharter in Texas.
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November 13, 2025
Ricoh USA Inks Deals In Pair Of 401(k) Forfeiture, Fee Suits
Ricoh USA Inc. informed Pennsylvania federal judges Thursday that it has brokered settlements to close two suits claiming the digital services company mismanaged its $2 billion retirement plan, including one case that saw its excessive fees claims revived by the Third Circuit.
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November 13, 2025
2nd Circ. Revives Bright Health Investors' Pandemic Suit
The Second Circuit on Thursday revived a suit alleging healthcare management services company Bright Health Group Inc. misled investors in its 2021 initial public offering about its anticipated costs during the COVID-19 pandemic, finding that the complaint plausibly alleged the defendants hid preexisting operational issues and risks.
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November 13, 2025
Texas Coke Bottler Defeats Suit Over 401(k) Management
A Dallas Coca-Cola bottler escaped a proposed class action claiming it saddled its 401(k) plan with subpar investment options and misused forfeited retirement plan funds, with a Texas federal judge saying Thursday the workers' allegations were too flimsy to stay in court.
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November 13, 2025
NC Biz Court Bulletin: Rulings Spotlight Coverage Clashes
The North Carolina Business Court plowed into the fourth quarter with two big decisions in insurance disputes that involved $50 million in COVID-19-related losses at a chain of outlet malls, and an industrial accident at a Nucor Corp. iron plant in Louisiana.
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November 13, 2025
CVS Reaches Deal In 'Non-Drowsy' Labeling Class Action
A woman has agreed to settle her proposed class action against CVS Pharmacy accusing it of deceptively marketing its flu medicine as "non-drowsy" when it contained a drug known to cause drowsiness.
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November 13, 2025
Anthropic Judge Rips Opt-Out Law Firm As 'Quick Buck' Ploy
A California federal judge on Thursday blasted Arizona law firm ClaimsHero Holdings LLC for encouraging authors to opt out of Anthropic PBC's $1.5 billion deal to end copyright infringement claims, saying it looks like the firm is "trying to trick people" for a "quick buck."
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November 13, 2025
Judge Urged To Weigh Due Process In Alien Enemies Case
Attorneys for men deported to a notorious Salvadoran prison under the Alien Enemies Act have urged a D.C. federal judge to take up their due process claims, saying the court can decide the issue in equity rather than through habeas.
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November 13, 2025
Weight-Loss Drug MDL In Pa. Grows With 3 New Jersey Cases
Three New Jersey cases were grouped into multidistrict litigation accusing Eli Lilly & Co. and Novo Nordisk of downplaying alleged side effects of weight loss drugs like Ozempic and Trulicity, according to a transfer order filed in Pennsylvania federal court.
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November 13, 2025
Water Co. Investor Says Merger Erased $2B In Value
The parent company of water brands Alhambra and Crystal Springs was hit with a proposed class suit alleging it misled investors about a June 2024 merger that triggered a $2 billion market capitalization loss.
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November 13, 2025
4th Circ. Won't Review Reversal Of Car Valuation Class Cert.
The full Fourth Circuit refused to review a decision revoking a Progressive policyholder's class certification win after finding she lacked standing to pursue her breach of contract claims over adjustments the insurer makes when calculating the actual cash value of a totaled vehicle.
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November 13, 2025
EngageSmart Deal 'Screams' Disclosure Failures, Atty Says
The record surrounding payment venture EngageSmart Inc.'s $4 billion take-private sale to affiliates of Vista Equity Partners LLC "screams" transparency shortfalls on the part of company directors and others, an attorney for stockholders who challenged the deal in Delaware's Court of Chancery told a vice chancellor on Thursday.
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November 13, 2025
Wells Fargo Must Face Mortgage Borrowers' Fee Claims
Wells Fargo can't shed a proposed class action alleging it improperly charged mortgage borrowers certain fees and failed to properly remediate the issue, according to a ruling by a San Francisco federal judge, which also trimmed some claims.
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November 13, 2025
BofA Says Bid To Revive Fake Account Claim Is Deficient
Bank of America said consumers who accuse the bank of opening unauthorized credit card accounts in their names should not be allowed to amend their complaint to fix the issues a North Carolina federal court found with their Fair Credit Reporting Act claims, saying the suit's same pleading defects would remain.
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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Wash. Email Subject Line Ruling Puts Retailers On The Hook
The Washington state Supreme Court's ruling in Brown v. Old Navy, finding that a state law prohibits misleading email subject lines, has opened the door to nationwide copycat litigation, introducing potential exposure measured not in thousands, but in millions or even billions of dollars for retailers, say attorneys at Benesch.
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Revisiting Jury Trial Right May Upend State Regulatory Power
Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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A Look At State AGs' Focus On Earned Wage Products
Earned wage products have emerged as a rapidly growing segment of the consumer finance market, but recent state enforcement actions against MoneyLion, DailyPay and EarnIn will likely have an effect on whether such products can continue operating under current business models, say attorneys at Quinn Emanuel.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.
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Why Appellees Should Write Their Answering Brief First
Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.
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Notable Q3 Updates In Insurance Class Actions
The third quarter of 2025 was another eventful quarter for total loss valuation class actions, with a new circuit split developing courtesy of the Sixth Circuit, while insurers continued to see negative results in cost-of-insurance class actions, says Kevin Zimmerman at BakerHostetler.
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Game Not Over: Player Redshirt Suits Keep NCAA On Defense
A class action recently filed in Tennessee federal court highlights a trend of student-athlete challenges to the NCAA's four seasons eligibility rule following the historic House settlement in June, which altered revenue-sharing and players' name, image and likeness rights, say attorneys at BakerHostetler.
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2nd Circ. Peloton Ruling Emphasizes Disclosure Context
The Second Circuit’s recent decision to revive shareholders’ suit alleging that Peloton made materially misleading statements makes clear that public companies must continually review risk disclosures to determine if previous hypotheticals have materialized, say attorneys at Baker Botts.
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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$233M Disney Deal Shows Gravity Of Local Law Adherence
A California state court recently approved a $233 million settlement for thousands of Disneyland workers who were denied the minimum wage required by a city-level statute, demonstrating that local ordinances can transform historic tax or bond arrangements into wage law triggers, says Meredith Bobber Strauss at Michelman & Robinson.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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Post-Genius Landscape Reveals Technical Stablecoin Hurdles
The Genius Act's implementation has revealed challenges for mass stablecoin adoption, but there are several factors that stablecoin issuers can use to differentiate themselves and secure market share, including interest rate, liquidity, and safety and security, say attorneys at Olshan Frome.