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Class Action
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September 30, 2025
College Athlete Advocates Join Supporters Of Senate NIL Bill
A day after three Democratic U.S. senators introduced a bill promising more protections for college athletes — including women, athletes in smaller sports and those at smaller institutions — under the new revenue-sharing rules, the proposal on Tuesday drew praise from advocates for athletes and labor, including an official from the AFL-CIO.
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September 30, 2025
Wash. Panel Keeps Wage Suit Against Logistics Co. In Court
The arbitration agreements that a logistics company gave to two workers were unconscionable because they either didn't contain a severability clause or included a class waiver, a Washington state appellate panel ruled, affirming a decision to keep the workers' wage and hour suit in court.
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September 30, 2025
Nationwide Insurers Must Defend Auto Co. In BIPA Dispute
Two Nationwide units must defend an automotive accessory company accused of violating Illinois' Biometric Information Privacy Act, an Illinois federal court held Tuesday, following a ruling in a separate case that found no coverage for the company under its Hanover Insurance policies.
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September 30, 2025
Ga. Residents Win Partial Class Cert. On Past PFAS Damages
A Georgia federal judge granted partial class certification to 4,500 Peach State residents whose water was allegedly polluted with forever chemicals, allowing them to seek damages for past water hikes that went to remediation, while shooting down an "entirely speculative" bid to cover expected future costs.
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September 30, 2025
Workers Can't Get $1M Attorney Fees In $30K Wage Case
Two workers who agreed to settle their wage-and-hour claims against an automotive technology manufacturer for $30,000 didn't show why their attorneys should snag $1 million in fees, a North Carolina federal judge ruled Tuesday.
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September 30, 2025
Fiat Chrysler Can't Exit Workers' 401(k) Mismanagement Suit
A Michigan federal judge rejected Fiat Chrysler's bid to toss a proposed class action alleging mismanagement of two employee 401(k) plans, ruling Tuesday that current and former employees had sufficiently backed up allegations that underperforming fund offerings breached fiduciary duties under federal benefits law.
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September 30, 2025
Han-Dee Hugo's Managers Win Collective Cert. In Wage Suit
A North Carolina federal judge has conditionally certified a collective action from Han-Dee Hugo's gas and convenience store managers who accused the employer of misclassifying them and denying overtime pay, finding the managers to be similarly situated.
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September 30, 2025
Pharma Co. Asks Judge To Toss 'Vague' Investor Class Action
Counsel for Marinus Pharmaceuticals Inc. told a Pennsylvania federal judge Tuesday that a shareholder class action alleging the company misled investors about the potential success of an epilepsy drug was based solely on "vague and uncorroborated" statements from confidential witnesses.
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September 29, 2025
Visa Defeats Claims It Profited From Child Porn, For Now
A California federal judge has thrown out allegations Visa knew about and profited from child pornography on Pornhub and other websites it worked with, though he gave the young woman who sued another opportunity to file an amended complaint.
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September 29, 2025
Meta Faces Sanctions Bid Alleging Co. Destroyed 'Taps' Data
Personal injury plaintiffs have urged a California state judge to sanction Meta Platforms Inc. in coordinated litigation over claims social media harms young users' mental health, alleging Meta willfully destroyed crucial time‑stamped "taps" data that captures users' taps, scrolls and swipes on Facebook and Instagram.
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September 29, 2025
Meta Ducks Antitrust Suit As Economist's Opinions Excluded
A California federal judge on Monday freed Meta from an antitrust lawsuit that accused it of monopolizing an asserted market for personal social networking, saying Facebook users failed to prove the existence of an antitrust injury, with or without help from an expert witness.
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September 29, 2025
Lithium Co. Beats Investor Suit Over Extraction Rate Claims
Canadian extraction plant operator Standard Lithium Ltd. on Monday escaped a proposed shareholder class action accusing it of misleading investors about the production capabilities of a U.S. plant after a federal judge determined the suit does not show investors were harmed by inconsistencies between its public statements and disclosures it made to a state government agency.
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September 29, 2025
Chess Website Can't Dodge Suit Over Video Data-Sharing
An Illinois federal judge has refused to ax a proposed class action accusing Chess.com LLC of illegally sharing information about website visitors' video-viewing activities, finding that the plaintiff qualified as a "consumer" and met two other necessary elements to assert a claim under the Video Privacy Protection Act.
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September 29, 2025
Del. Heavyweight Firms Get Lead Spot For Endeavor Deal Suit
The Delaware Chancery Court tapped Bernstein Litowitz Berger & Grossmann LLP and Grant & Eisenhofer PA on Monday as lead co-counsel for the shareholder class action over sports and entertainment company Endeavor Group Holdings Inc.'s $13 billion take-private merger.
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September 29, 2025
FPI Signs $2.8M Deal To Exit Yardi Price-Fixing Class Action
Property management firm FPI Management Inc. has reached a $2.8 million deal to settle a proposed price-fixing class action in Washington federal court accusing it and others of using Yardi Systems Inc.'s third-party software to inflate residential rents.
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September 29, 2025
Resort Co. Loses TCPA Suit Targeting Unsolicited Promo Calls
Club Exploria LLC lost its bid to compel arbitration in a class action targeting unsolicited telemarketing calls when an Illinois federal judge favored instead the lead plaintiff's bid for a quick win on his claim that the resort company violated the Telephone Consumer Protection Act.
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September 29, 2025
Boeing Using Rejected Args In 737 Max Fraud Suit, Fund Says
An investment fund has told an Illinois federal judge that Boeing cannot escape a lawsuit alleging it misrepresented the overall safety of the 737 Max 8 after two deadly crashes in 2018 and 2019, saying it has pinpointed specific misstatements that judges in similar cases have already deemed actionable.
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September 29, 2025
NJ Panel Rejects Suit Over Deadly Warehouse Fire
A New Jersey appellate court on Monday backed the dismissal of a proposed class action that was filed over a deadly December 2021 fire in a Hoboken commercial warehouse that killed two people.
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September 29, 2025
Hagens Berman Misstep Ends Amazon-Apple Suit, For Now
A Washington federal judge threw out a proposed class action targeting an alleged pact between Amazon and Apple to limit device sales on the e-commerce platform, agreeing on Monday to revisit an earlier ruling after fresh facts surfaced showing that the former lead plaintiffs' counsel misled the court for months.
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September 29, 2025
Chancery Mulls Bid To Toss AI-Linked Battery Co. SPAC Suit
Attorneys representing a blank-check company that took artificial intelligence-driven energy storage business Stem Inc. public in April 2021 argued in Delaware's Court of Chancery on Monday that investors suing over the deal are following a "free pass to trial" strategy that the court has cautioned against.
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September 29, 2025
State Farm Class Action Over Car Payouts Narrowed
An Illinois federal court on Monday significantly cut a proposed class action accusing State Farm of systematically undervaluing policyholders' claims for totaled vehicles, but left intact the policyholders' claims for unjust enrichment.
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September 29, 2025
Hain 'Channel-Stuffing' Securities Suit Revived By 2nd Circ.
The Second Circuit on Monday reversed a district court's dismissal of a proposed class action accusing food and personal care company Hain Celestial of "channel-stuffing," or asking distributors to take more product than they can sell in order to cover up flagging demand, finding the class had adequately alleged actionable misrepresentations and false statements by the company.
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September 29, 2025
Ill. Judge Trims Suit Over Chicago Children's Hospital Hack
Patients and patrons of Lurie Children's Hospital in Chicago whose personal information was allegedly compromised in a hack can pursue their claim that the hospital's negligent data security practices led to the exposure, but an Illinois federal judge dismissed most of their other claims.
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September 29, 2025
Refrigeration Co. Shuts Down Employee Stock Valuation Suit
A North Carolina industrial refrigeration company defeated a lawsuit claiming family operators undervalued the company to the detriment of employee stock ownership plan participants, with a federal judge ruling Monday that a former executive filed suit too long after he discovered the alleged mismanagement.
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September 29, 2025
Benefits Co. Can't Escape Worker's Tobacco Surcharge Suit
A Tennessee federal court refused to toss an employee benefits company worker's proposed class action alleging a surcharge on the health plans of employees who used tobacco violated federal benefits law, but agreed to pare some allegations from the suit for failure to state a claim and lack of standing.
Expert Analysis
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions
In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.
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Plaintiffs Bar Can Level Up With Strategic Use Of AI
As artificial intelligence adoption among legal professionals explodes, the question for the plaintiffs bar is no longer whether AI will reshape the practice of law, but how it can be integrated effectively and strategically to level the playing field against well-funded corporate defense teams, says Tyler Schneider at TorHoerman Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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As Product Recalls Rise, So Do The Stakes For The Bar
Recent recall announcements affecting over 800,000 Ford vehicles highlight how product recalls have become more frequent, complex and safety-critical than ever, raising key practice questions for counsel, and raising the stakes in product liability litigation, says Ken Fulginiti at Fulginiti Law.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.