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Class Action
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January 07, 2025
NFT Buyers Can't Sue Over Market Fluctuations, Gallery Says
A Metaverse-based art collection club has urged a federal judge to dismiss a fraud suit brought by investors claiming it lied about the benefits of investing in its members-only NFT opportunity, arguing that the alleged losses aren't attributable to anything other than market fluctuations and that New York's consumer protection laws do not protect out-of-state investors.
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January 07, 2025
10th Circ. Says Age Bias Didn't Drive Aircraft Co. Layoffs
The Tenth Circuit declined Tuesday to revive a lawsuit from former Spirit AeroSystems Inc. workers who said the aircraft maker targeted older workers during a workforce reduction, ruling they hadn't shown the company was motivated by age discrimination.
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January 07, 2025
Hacked LA Law Firm Hill Farrer Beats Suit Over Cyberattack
A Los Angeles judge Tuesday tossed a proposed class action against Hill Farrer & Burrill LLP alleging it failed to stop a preventable cyberattack carried out by hackers and said he would not allow for the complaint to be amended because the case law cited by the lead plaintiff is deficient.
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January 07, 2025
AT&T, Biz Groups Urge Justices To Back Cornell's ERISA Win
Top business and employee benefits industry lobbying groups along with telecommunications giant AT&T urged the U.S. Supreme Court to uphold Cornell University's victory over a federal benefits lawsuit alleging retirement plan mismanagement, in a flood of amicus briefs at the high court before arguments later this month.
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January 07, 2025
Detroit Flooding Class Quizzed On Decision To Skip Expert
A Michigan appellate panel pressed flooding victims Tuesday to explain why they didn't use an expert to bolster their case that a regional water authority's neglect led to a mass flooding event in 2021, with the judges giving away little about whether they would ultimately revive the claims.
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January 07, 2025
H&R Block Accused Of Negligence In Data Breach
An H&R Block user who claims cybercriminals disseminated his personal information on the dark web, after a data breach at the tax preparation firm, accused the company in a proposed class action of failing to properly protect consumer data.
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January 07, 2025
5 Argument Sessions Benefits Attys Should Check Out In Jan.
The U.S. Supreme Court will hear from Cornell University workers looking to revive a retirement plan mismanagement suit and a former firefighter who says federal disability bias law protects post-employment benefits, while circuit courts will weigh gender-affirming care restrictions and a battle over pension annuity payments. Here, Law360 looks at five arguments that benefits attorneys ought to keep an eye on this month.
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January 07, 2025
6th Circ. Declines To Send Publix Questions To Ga. High Court
The Sixth Circuit won't certify a set of questions about Georgia state nuisance law to the state's Supreme Court, after ruling that Publix Super Markets Inc. hasn't shown the appeals court needs to step in before a bellwether trial in the national opioid multidistrict litigation.
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January 07, 2025
NC Homeowners Certified In HOA Debt Collection Class Action
A federal judge has certified two classes of North Carolina homeowners who allege that a debt collector charged excessive fees and sent misleading notices to scare people into ponying up the cash, but the judge excluded a third proposed class that she said was too ambiguous.
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January 07, 2025
Didi Investor Wants To Be New Leader Of Regulatory Suit
A Didi Global Inc. investor asked Tuesday to sub in as lead plaintiff in a proposed class action claiming the Chinese ride-hailing giant misrepresented the risks of a disciplinary crackdown from the Chinese government over alleged data security violations, as the suit's current leader plans to withdraw from the litigation.
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January 07, 2025
Amazon Accused Of Secretly Slowing Delivery In Poorer Areas
An Amazon Prime subscriber is accusing the company of secretly excluding "historically underserved communities" across the country from its promise to deliver packages in two days, in a proposed class action filed in Washington state court.
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January 07, 2025
Metal Co. To Pay $143K To End Unpaid Wages Suit
A metal manufacturing company will pay nearly $143,000 to resolve a veteran employee's lawsuit accusing it of failing to pay him and other production workers for all the hours they worked, a filing in Ohio federal court said.
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January 07, 2025
Warner Bros., CEO Face 2nd Investor Suit Over Lost NBA Deal
A second Warner Bros. Discovery shareholder has sued the media giant and CEO David Zaslav in federal court, accusing them of misleading fellow investors about the company's financial strength as attempts to renew its NBA media rights deal were disintegrating.
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January 07, 2025
US Foods Slapped With Class Wage Suit By Ex-Seattle Worker
US Foods has been hit with a proposed class action by a former employee in Seattle who claims the food service retailer systematically shorts workers on breaks, overtime pay, sick leave and expense reimbursements, according to a new lawsuit in Washington federal court.
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January 07, 2025
Law Firm Sought To Collect Expired Debts, 3rd Circ. Told
A New Jersey woman has urged the Third Circuit to revive her proposed class action against Garden State law firm Cohn Lifland Pearlman Herrmann & Knopf LLP over its debt collection practices, arguing a lower court was too loose with its standard for the timeliness of the two lawsuits involved.
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January 07, 2025
McGuireWoods Grows In Pittsburgh With Employment Atty
An attorney specializing in employment litigation matters and advising companies on compliance strategies has moved her practice to McGuireWoods' Pittsburgh office after nearly six years with Buchanan Ingersoll & Rooney PC.
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January 07, 2025
Mattel Agrees To $16.9M Deal Ending Suit Over Unsafe Sleeper
Mattel Inc. has agreed to settle for $16.9 million a nearly five-year-old Delaware Court of Chancery stockholder derivative suit seeking damages for the company for director and top officer oversight failures purportedly linked to an unsafe "Rock 'n' Play Sleeper" tied to hundreds of infant deaths and injuries.
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January 07, 2025
Bass Pro To Pay $5M To End Worker's Tobacco Penalty Suit
Bass Pro Shops has agreed to pay $4.95 million to settle a proposed class action claiming the retailer unlawfully charged employees who use tobacco an extra $2,000 per year for health insurance without properly telling them how to avoid the charge, according to a Missouri federal court filing.
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January 07, 2025
Wash. Panel Won't Boot Subway Wage Dispute To Arbitration
A Washington state appeals court declined to send to arbitration a former worker's suit accusing a Subway franchisee of failing to provide employees with meal breaks, despite a dissent finding that the worker's wage claims fall under an arbitration pact.
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January 07, 2025
Calif. Panel Says Individual PAGA Claims Belong In Arbitration
An arbitration pact that the operator of a restaurant chain in California gave to a worker pushes his Private Attorneys General Act individual claims into arbitration, a state appeals panel ruled, partly flipping a trial court's decision.
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January 06, 2025
Nikola Investors Win Class Cert. In Securities Fraud Litigation
An Arizona federal judge on Monday certified a class of investors accusing Nikola Corp. of inflating its stock price by exaggerating its ability to manufacture electric trucks, ruling that the shareholders have shown their case warrants the class treatment more than four years after they first sued.
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January 06, 2025
LinkedIn Beats Federal Privacy Claims In Suit Over DMV Info
A California federal judge has again freed LinkedIn from proposed class allegations it violated federal protections on licensed drivers' personal information, saying a LinkedIn user didn't sufficiently allege that her personal information was transmitted to the professional social media company from a Department of Motor Vehicle record.
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January 06, 2025
Medical Debt Suit Against Credit Bureaus Tossed, For Now
A California federal judge tossed a proposed class action accusing Equifax, Experian and TransUnion of violating antitrust law by agreeing to exclude medical debt under $500 from consumer credit reports, but the judge gave the medical providers that filed the suit a chance to amend their complaint.
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January 06, 2025
Live Nation Can't Get Intermission In Calif. Antitrust Case
A California federal judge overseeing a private antitrust case against Live Nation denied the company's bid Monday to pause the case for a government enforcement action, saying that the suit was filed first and that exceptions to the "first to file" rule do not apply.
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January 06, 2025
Hospital Escapes Investment Underperformance Suit, For Now
A Colorado federal judge on Monday agreed to initially toss a proposed class action alleging mismanagement of a faith-based nonprofit hospital's retirement plan, finding the plaintiffs haven't backed up their allegations of investment underperformance.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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Short-Seller Implications Of 10th Circ.'s Overstock Decision
The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.