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Class Action
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October 15, 2025
Brown Paindiris & Scott Eyes Deal In Data Breach Suit
After the defense pointed to ongoing discussions that could lead to a "resolution," a Connecticut federal judge has agreed to stretch a deadline for Brown Paindiris & Scott LLP to respond to a proposed class action complaint that accuses the law firm of waiting more than a year to notify clients of a 2023 data breach.
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October 15, 2025
$2.35M Deal In Duke U. Mortality Data Suit Gets Initial OK
A North Carolina federal judge gave the initial green light to a $2.35 million settlement that Duke University reached with a retiree to resolve her class action alleging the institution used outdated mortality tables to calculate retirement benefits, costing workers millions in benefits.
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October 14, 2025
Apple Judge May Decertify Antitrust Class, But Not Toss Case
A California federal judge indicated Tuesday that she may decertify a class of consumers alleging Apple violated antitrust laws with its App Store policies, but said she's unlikely to grant Apple's bid to toss the case on summary judgment.
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October 14, 2025
Sirius XM Can't Yet Ditch Proposed Class Action Over Pricing
An Oregon federal judge on Tuesday refused to toss a proposed class action claiming Sirius XM concealed a royalty charge from subscribers, ruling that the subscribers have adequately alleged they did not know about the fee or the true cost of their subscription when they signed up.
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October 14, 2025
DC Circ. Wonders If $820M Grant Cut Suit Is Contractual
The D.C. Circuit is set to decide whether a fight with the U.S. Department of Justice over $820 million in canceled public safety grants belongs in district court or before the U.S. Court of Federal Claims after hearing both sides out Tuesday morning.
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October 14, 2025
NC Court Denies Early Ruling In Hospital Antitrust Case
Owners of a healthcare system in western North Carolina couldn't prevail in an early summary judgment attempt to avoid antitrust claims, after a North Carolina Business Court judge said the complexity of the request at hand precludes a "piecemeal" ruling.
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October 14, 2025
Salesloft, AppFolio Face Class Action Over Data Breach
Software companies Salesloft Inc. and AppFolio Inc. were hit with a proposed class action in Georgia federal court over an August data breach that allegedly exposed the personal information of more than 72,000 people who had transacted with AppFolio's real estate industry customers.
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October 14, 2025
Embryo Loss Class Claims Hinge On Calif. Suit, Judge Says
A Connecticut federal judge may pause a proposed class action blaming CooperSurgical Inc. for embryo losses during in vitro fertilization until a class certification motion is decided in a first-filed case in California, but the plaintiff will have until the end of the month to decide if she wants to proceed with only her direct claims instead.
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October 14, 2025
Auto Insurers To Pay NY AG $14.2M Over Data Breaches
New York Attorney General Letitia James announced Tuesday that eight car insurance companies will pay $14.2 million to end claims they failed to protect people's personal information in light of a widespread hack involving the companies' online quoting tools.
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October 14, 2025
Walmart Pay Transparency Suit Returns To Wash. State Court
A Washington federal judge returned a proposed wage transparency class action against Walmart Inc. to state court Tuesday, agreeing with the plaintiff that he didn't claim a concrete enough injury for the suit to proceed in federal court.
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October 14, 2025
Sioux Descendants Sue US For $5B, Tribal Recognition
A group of Sioux descendants is asking the U.S. Court of Federal Claims for at least $5 billion in damages and an order for federal recognition, arguing that the federal government failed to protect the group's beneficiary rights under 19th century treaties and law.
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October 14, 2025
PacifiCorp Owes $26M In Latest Wildfire Trial
An Oregon jury on Tuesday ordered PacifiCorp to pay more than $26 million to the latest group of plaintiffs who fled Labor Day 2020 wildfires that the utility was previously found liable for starting.
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October 14, 2025
Split 3rd Circ. Won't Redo Order To Count Undated Ballots
The Third Circuit on Tuesday narrowly rejected a request to take another look at its ruling that Pennsylvania's counties can not discard mail-in ballots with misdated or absent dates on their outer envelopes, with six of the 14 circuit judges, including new-Trump appointee Judge Emil Bove, voting to reconsider its ruling in light of emerging election law in the state.
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October 14, 2025
Sunbeam Faces Class Action Over 'Defective' Oster Oven
Sunbeam Products Inc. is facing a proposed class action in Georgia federal court over Oster-brand French door countertop ovens that were recalled in September due to burn hazards caused by spring-loaded doors that can unexpectedly close and burn users.
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October 14, 2025
Visa, MasterCard To Pay Combined $199.5M In Fraud Risk Suit
Visa Inc. and MasterCard International Corp. have agreed to pay a combined $199.5 million to resolve a nearly decade-old certified class action accusing the credit card giants of conspiring to dump fraud risk costs on merchants, according to documents filed in New York federal court.
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October 14, 2025
Six Pension Plans Settle In $2.1B Danish Tax Fraud Case
Six pension plans have settled claims by Denmark's tax agency accusing them of participating in a $2.1 billion scheme that fraudulently claimed refunds on tax withheld from stock dividends, with a New York federal court dismissing the allegations Tuesday.
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October 14, 2025
BP Urges 5th Circ. To Overturn Retirees' Pension Suit Win
BP urged the Fifth Circuit to overturn a Texas court's ruling that found the oil giant liable to company retirees for miscommunicating their pension benefits' value following a plan conversion, arguing the lower court judge erred in certifying a retiree class and handing the class judgment.
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October 14, 2025
3rd Circ. Vacates Injunction Over Erie Indemnity Fee Claims
A Pennsylvania federal court erred in preliminarily halting a state court action challenging Erie Indemnity Co.'s collection of a management fee, the Third Circuit ruled Tuesday, rejecting Erie Indemnity's position that two similar, now-dismissed lawsuits precluded the state court action from proceeding.
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October 14, 2025
4th Circ. Says Data Leak Info On Dark Web Is Grounds To Sue
The Fourth Circuit on Tuesday partially revived a data breach class action against an insurance company, finding a subset of the proposed class has standing to sue because they allege their stolen driver's license numbers have since shown up on the dark web.
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October 14, 2025
Microsoft Bullied OpenAI Into Cloud Deal, Antitrust Suit Says
A group of ChatGPT subscribers launched a proposed class action in California federal court Monday accusing Microsoft Corp. of inflating prices by forcing OpenAI into a deal that made the software giant the sole provider of computing services for the growing suite of artificial intelligence products.
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October 14, 2025
Investment Adviser Can't Exit Suit Over Energy Co.'s 401(k)
An investment adviser failed Tuesday to escape a proposed class action alleging its poor advice cost employees of a Midwest utility company millions of dollars in retirement savings, as a Missouri federal judge ruled that plan participants' allegations are detailed enough to stay in court.
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October 14, 2025
Judge Won't Let Mortgage Co. Slip Data Breach Class Action
A Utah federal judge refused to dismiss a proposed data breach class action filed against a mortgage lender, ruling that only the proposed class's unjust enrichment claim will be tossed.
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October 14, 2025
Delta Urges Court Not To Certify Class In Greenwashing Suit
Delta Air Lines Inc. is asking a California judge to deny a motion to certify a proposed class action accusing it of overstating its emissions progress and falsely touting itself as the "first carbon-neutral" airline.
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October 14, 2025
Musk Blasts Investors' Late Bid To DQ Spiro In Twitter Case
Elon Musk should be allowed to keep lead trial counsel Alex Spiro since the investors accusing the billionaire of trying to tank Twitter's stock waited until the last minute to attempt to disqualify Spiro, who has Musk's consent to his being both trial counsel and witness, Musk told a California federal judge.
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October 14, 2025
Butcher Says NJ Grocery Store Stiffed Workers On Full Wages
A grocery store in New Jersey paid workers below the state minimum wage, denied them overtime pay and failed to keep accurate records, a former butcher alleged in a proposed class and collective action in federal court.
Expert Analysis
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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.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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8th Circ. Rulings Show Employer ADA Risks In Fitness Tests
Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.