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Class Action
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May 23, 2025
DC DHS Guards Forced To Work Through Breaks, Court Told
A contractor that provides guards for a U.S. Department of Homeland Security facility in Washington, D.C., forces them to take meal break pay deductions despite such breaks rarely occurring, employees said in a proposed class and collective action.
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May 23, 2025
Ex-McKinsey Exec Sentenced For Obstructing Purdue Probe
A Virginia federal judge has sentenced a disbarred attorney and former McKinsey & Co. partner to six months in prison for obstructing an investigation into the consulting giant's work with opioid manufacturer Purdue, federal prosecutors announced Friday.
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May 23, 2025
Pest Co. Seeks To Stamp Out Workers' Tobacco Fee Case
Global pest control company Rentokil urged a Pennsylvania federal court to toss a proposed class action claiming it unlawfully charged tobacco users more for health benefits without providing a reasonable way to avoid the fee, arguing it's not the company's fault the workers refused to quit the habit.
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May 23, 2025
Class Of Health Plans Certified In Avandia Marketing MDL
A Pennsylvania federal judge has certified a class of health plans in multidistrict litigation over GlaxoSmithKline's alleged deceptive marketing of the drug Avandia in which the plans claim they wouldn't have paid higher premiums for the drug if they'd known about its potential cardiovascular risks.
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May 23, 2025
9th Circ. Urged To Force ERISA 401(k) Suit Arbitration
A Los Angeles-based investment management company urged the Ninth Circuit to force individual arbitration of an ex-worker's proposed class action alleging 401(k) mismanagement, arguing a lower court incorrectly concluded an arbitration provision in employees' retirement plan wasn't enforceable because it waived statutory rights under federal benefits law.
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May 23, 2025
Musk Doubles Down After OpenAI Drops For-Profit Transition
OpenAI's decision to abandon its transition into a for-profit enterprise was not enough to appease Elon Musk, who doubled down Thursday with an amended California federal court complaint continuing to allege the ChatGPT maker tricked him into contributing nearly $45 million with false promises of remaining a nonprofit.
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May 23, 2025
2 Firms Tapped To Lead Visa Derivative Suits Over DOJ Claims
A California federal judge has combined lawsuits accusing Visa's executives and directors of allowing the company to understate the regulatory risk it faced by engaging in anticompetitive actions currently at the center of a lawsuit brought by the U.S. Department of Justice last year, and appointed two law firms to lead the litigation.
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May 23, 2025
Off The Bench: Tennis Officials, NCAA Stay On The Defensive
In this week's Off The Bench, tennis players face pushback from the governing bodies they are accusing of antitrust violations, college basketball players claiming the NCAA exploited them want their class action revived, and a baseball player seeking one last year to play in college hits another legal roadblock.
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May 22, 2025
Health Education Provider Can't Shake Video Privacy Suit
A Wisconsin federal judge has refused to toss a proposed class action accusing healthcare continuing education provider Pesi Inc. of unlawfully sharing information about the videos that customers purchased with Meta, Google and others, finding that federal video privacy law covers both the nonprofit organization and the allegedly disclosed data.
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May 22, 2025
Training LLMs Is OK, Pirating Isn't: Anthropic Judge Tips Hand
A California federal judge considering writers' copyright suit against Anthropic indicated Thursday that he thinks training its LLM with copyrighted works is fair use, but said plaintiffs can likely pursue claims that the AI startup infringed by obtaining those training materials from pirating websites instead of buying them.
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May 22, 2025
EV Carmaker Lucid Gets Inflated Biz Suit Trimmed, Again
A California federal judge on Thursday again trimmed a proposed investor class action that alleges electric carmaker Lucid made misleading production forecasts, finding that the latest complaint still doesn't adequately allege the defendants knew some of the challenged statements were false when they were issued.
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May 22, 2025
Chegg Investors Get Final OK In $55M Student Cheating Deal
A California federal judge on Wednesday gave his blessing to a $55 million settlement resolving investor claims that educational technology company Chegg Inc. falsely attributed its "dramatic growth" during the COVID-19 pandemic to its sustainable business model, rather than to students using the platform to cheat.
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May 22, 2025
Feds Push To Nix Landmark Migrant Kids Detention Settlement
The Trump administration is urging a California federal judge to end a landmark settlement agreement governing the custody of detained immigrant children — a move advocacy groups that have long fought for it quickly vowed to fight.
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May 22, 2025
Fiber Optics Co.'s Leaders Sued Over Financial Restatements
Officers and directors of fiber optics technology company Luna Innovations Inc. are facing a shareholder derivative complaint after the company announced it would revise certain financial statements after prematurely recognizing certain revenue it hadn't actually earned yet.
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May 22, 2025
Cities Say They Fixed Bid To Divest Axon Police Camera Buy
A trio of local governments urged a New Jersey federal judge Wednesday not to tee up an attack on their bid to force Axon Enterprise Inc. to divest a police body camera company whose purchase they say helped it monopolize the market, arguing they've fixed failings from an earlier complaint.
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May 22, 2025
EpiPen Direct Buyers, Mylan Get Final OK On Antitrust Deal
Mylan Pharmaceuticals' $73.5 million settlement with a class of direct EpiPen buyers has received final approval from a Kansas federal judge, closing out claims from institutional drug resellers that Mylan worked with Pfizer to forestall an EpiPen generic from hitting the market and artificially inflating prices for the emergency injectable.
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May 22, 2025
Agreement Reached In Lawsuits Over H&R Block Data Breach
H&R Block has reached an agreement with customers who sued the company in separate class actions over a data breach that affected 23,000 people, according to a Missouri federal court.
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May 22, 2025
Suit Slams 'Abrupt And Unlawful' DOJ Grant Terminations
Five nonprofit and community organizations whose grants were terminated by the U.S. Department of Justice have launched a class action in D.C. federal court challenging the department's "abrupt and unlawful" cancellation of $820 million in grant funding.
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May 22, 2025
Life Insurer Strikes $335K Deal In Data Breach Suit
A woman who said her personal information was potentially compromised in a 2023 data breach at a life insurance and financial planning company asked a Connecticut federal court to sign off on the parties' settlement agreement, which would create a $335,000 settlement fund to resolve her proposed class action.
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May 22, 2025
Colo. Health System Can't Dodge Nurses' Wage Suit
A suit by a group of nurses accusing a Colorado health system of miscalculating their overtime will stay fully in place, a federal judge ruled, agreeing with a magistrate judge's recommendation not to dismiss the Colorado Minimum Wage Act claim.
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May 22, 2025
Sutter Health's $228.5M Antitrust Deal Gets Initial OK
A California federal judge on Thursday preliminarily approved Sutter Health's $228.5 million deal settling a 13-year case over claims the hospital chain boosted costs by pushing all-or-nothing networks on insurers, saying that after a trial and a Ninth Circuit reversal, "it's nice that we didn't have to try this case twice."
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May 22, 2025
Settlement In Nationals' Ticket Bias Suit Gets Preliminary OK
A settlement providing restitution to baseball fans who sued the Washington Nationals for age discrimination in a ticket promotion targeting millennials and young professionals has been given preliminary approval by a D.C. federal judge.
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May 22, 2025
Servicer, BNY Seek Exit From Mortgage Statement Suit
Bank of New York Mellon and a mortgage servicing company have urged a Massachusetts federal court to permanently dismiss a proposed class action accusing them of trying to collect on post-bankruptcy liens, saying federal lending law does not obligate servicers to send mortgage statements to borrowers.
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May 22, 2025
Int'l Student Visa Record Terminations Blocked Nationwide
A California federal judge barred the Trump administration on Thursday from detaining foreign students who had their electronic F-1 student visa records terminated, and from imposing any additional adverse legal consequences on affected international students across the country.
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May 22, 2025
3rd Circ. Wary Standing Exists In Business School Fraud Suit
The Third Circuit on Thursday appeared skeptical that a former Rutgers University student could bring a proposed class action alleging the university inflated its full-time MBA program's rankings, questioning how he could have been injured if he wasn't enrolled in the program.
Expert Analysis
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.