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Class Action
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October 30, 2024
Equifax Doesn't Report Ch. 7 Discharges, Suit Says
Credit reporting bureau Equifax was recently hit with a proposed class action accusing it of failing to note discharged debts when debtors converted their bankruptcy cases from Chapter 13 to Chapter 7.
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October 30, 2024
LA Times Owner Faces Investor Suit Over Drug Co.'s Woes
Officers and directors of biotechnology company ImmunityBio Inc., including L.A. Times owner Patrick Soon-Shiong, face a shareholder's derivative complaint alleging the company concealed issues affecting a path to regulatory approval for one of its key product candidates.
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October 30, 2024
3 Firms Vie To Lead Starbucks 'Reinvention' Plan Investor Suit
Robbins Geller Rudman & Dowd LLP, Levi & Korsinsky LLP and The Rosen Law Firm PA launched competing bids seeking to lead a proposed investor class action alleging Starbucks misled the markets about prospects for its reinvention strategy, causing share prices to drop when it announced disappointing quarterly results in April.
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October 30, 2024
TD Bank Hit With Suit Over 'Cash-Like' Advance Loans
TD Bank was hit with a proposed class action accusing the bank of violating its cardholder agreement by considering undisclosed transactions "cash-like," and keeping the policies around what is considered a cash advance hidden from consumers while charging fees and interest.
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October 30, 2024
Prison Phone Co. GTL Gets OK On $17M Price-Fix Deal
Prison phone company Global*Tel Link Corp will pay $17 million to escape claims that it colluded with two other companies to inflate the cost of calls made from inside U.S. prisons after a Maryland federal judge gave the deal her preliminary seal of approval Wednesday afternoon.
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October 30, 2024
Amazon Escapes Biometric Data Suit Over Call Center Tech
Amazon Web Services Inc. beat the last remaining claim in a proposed biometric privacy class action in Delaware federal court Wednesday, with a judge saying there's no evidence the tech giant's cloud-based call center service collects customer voice data.
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October 30, 2024
5th Circ. Upholds Texas A&M's Defeat Of Hiring Bias Suit
The Fifth Circuit on Wednesday backed Texas A&M University's win over a professor's lawsuit claiming its hiring practices prevent white and Asian men's applications from being properly considered, finding his failure to actually seek a job at the school doomed his case.
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October 30, 2024
3M Says Excess Insurers Must Cover PFAS Claims
Manufacturing giant 3M said its excess insurers must cover claims alleging injury and damage because of exposure to so-called forever chemicals in the company's products, telling a Delaware state court that the claims fall squarely within the scope of coverage promised in the policies.
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October 30, 2024
Mich. Judges Reject Interest For Unclaimed Property Returns
A Michigan appellate panel overturned a trial court Tuesday that admitted it was going against the grain by requiring the state to pay interest when it returns seemingly abandoned property, with appellate judges finding state statute was comprehensive enough to supersede the common law idea that "interest follows principal."
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October 30, 2024
3rd Circ. Asks If Dodge Charger Suit Is Ripe For Revival
A Third Circuit panel on Wednesday asked owners of Dodge Charger Hellcats whether now is the right time to revive allegations that Fiat Chrysler Automobiles US LLC sold them muscle cars that fell short of advertised high-performance standards.
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October 30, 2024
Under Armour Hit With False Ad Suit Alleging Fake Discounts
Under Armour was slapped with a potential false advertising class action Tuesday in New York federal court accusing it of promising customers huge savings on athletic apparel sold online and at its brick-and-mortar stores by including bogus, higher reference prices on products that are virtually never sold at those prices.
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October 30, 2024
Southwest Seeks To Dismantle Military Leave Class
Southwest Airlines urged a California federal judge to disassemble a nearly 3,000-member class of workers who say the company violated federal law by failing to pay them for short stints of military leave, saying new evidence shows there are too many individualized issues to warrant class treatment.
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October 30, 2024
Keurig Dr Pepper Sued Over 'Naturally Flavored' Ginger Ale
Keurig Dr Pepper faces a proposed class action filed in California federal court accusing it of mislabeling its Schweppes and Canada Dry brands of ginger ale beverages as only containing "natural flavors" while they actually contain a synthetic chemical to mimic the taste of ginger.
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October 30, 2024
Class Members Can't Change Opt-Out Rules In Chevy EV Deal
A Michigan federal judge won't grant a bid by individual class members to change the opt-out procedure in a $150 million settlement to resolve claims that General Motors sold Chevrolet Bolt electric vehicles with defective batteries, calling the motion an improper late objection to the settlement's preliminary approval.
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October 30, 2024
Hershey's Candy Wrappers Contain PFAS, Spooky Suit Says
A chocolate lover has sued The Hershey Co. in Pennsylvania federal court just days before Halloween alleging the packaging of its milk chocolate bars and Kisses, Reese's Peanut Butter Cups, Reece's Pieces and KitKat Bars contain dangerous "forever chemicals."
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October 30, 2024
Connecticut Water Users Amend Utility PFAS Class Action
A proposed class of Connecticut consumers filed an amended complaint for a suit alleging a water utility knowingly sold water containing unhealthy levels of "forever chemicals" without installing treatment equipment that could have prevented the contamination from reaching people.
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October 30, 2024
Honda Blocks Black Workers From Promotions, Suit Says
Honda's manufacturing arm systematically bars Black workers from securing senior positions in the company by shrouding its promotional processes in secrecy, according to a proposed class action filed by a Black employee in Ohio federal court.
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October 30, 2024
Judge Says Attys Asking For Too Much In Hess Wage Deal
A New York federal judge refused to sign off on a $36,000 deal that would resolve a former oil field worker's suit alleging Hess Corp. failed to pay him overtime, saying the worker's attorneys are requesting too large of a share.
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October 29, 2024
'In-And-Out' Trades Don't Doom Lead Plaintiff Bid, Judge Says
A Manhattan federal judge appointed a Pomerantz LLP client as lead plaintiff in a shareholder suit against Nano Nuclear Energy Inc., rejecting arguments that the investor's handful of so-called in-and-out trades in the company's stock should preclude her from representing the proposed class in securities fraud allegations against the company.
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October 29, 2024
NY Judge Tosses $14B Decongestant MDL
A New York federal judge threw out a streamlined complaint in a multidistrict litigation accusing companies such as Target and Bayer of making and selling ineffective over-the-counter decongestants, finding Tuesday the state claims are expressly preempted, and the proposed class lacks standing on a federal racketeering claim as indirect purchasers.
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October 29, 2024
Wells Fargo Fights To Ax Suit Over Identify Fraud Accounts
Wells Fargo urged a California federal judge Tuesday to toss a proposed class action accusing the bank of violating the Fair Credit Report Act by accessing consumers' credit reports after fraudsters applied to open accounts with stolen information, saying Wells Fargo followed industry standards and the alleged damages are "conclusory."
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October 29, 2024
Y-mAbs Therapeutics Investors Get Final OK For $19.7M Deal
A New York federal judge has granted final approval to a $19.7 million settlement between Y-mAbs Therapeutics and investors who claim the company misrepresented the likelihood that the U.S. Food and Drug Administration would approve the company's signature pediatric nerve cancer treatment, giving class counsel a $6.5 million cut of the deal.
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October 29, 2024
Retired Fed. Circ. Judge Backs Invisalign In Monopoly Cases
Retired Federal Circuit Judge Paul R. Michel warned the Ninth Circuit on Tuesday that reversing a lower court's decision to toss a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market by illegally refusing to deal with a rival would increase patent owners' legal uncertainties.
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October 29, 2024
Yieldstreet Investors' $9M Deal Over Risky Offerings OK'd
A New York federal judge has given his preliminary blessing to a settlement worth up to $9 million resolving a class action by Yieldstreet investors who accused the online platform of offering "riskier-than-junk-bond investments" to the public that caused the plaintiffs to lose millions of dollars in defaulted loans.
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October 29, 2024
Canadian Co. Owes $7.5M Default Judgment In Toxic Mud Suit
A Georgia federal judge has awarded a nationwide class of customers more than $7.5 million in damages in litigation alleging Canadian company BlackOxygen sold them mud-based nutritional supplements containing harmful levels of toxic heavy metals after the company failed to respond to their claims.
Expert Analysis
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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.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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2 High Court Securities Cases Could Clarify Pleading Rules
In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.