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Class Action
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April 23, 2025
Bernstein Litowitz Looks To Hire SEC's Ex-Top Crypto Cop
Investor-side firm Bernstein Litowitz Berger & Grossmann LLP has disclosed in a court filing that it is seeking to hire Jorge Tenreiro, the former head of the U.S. Securities and Exchange Commission's crypto enforcement unit as well as the onetime chief of the agency's entire litigation team.
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April 23, 2025
Split 4th Circ. Halts Ballot Curing In NC Top Court Race
A split Fourth Circuit panel froze the North Carolina Supreme Court's order requiring the Tar Heel State elections board to start a "curing process" for allegedly deficient ballots in a judicial election that a Republican judge is contesting, agreeing with the incumbent Democratic justice that her constitutional claims must be resolved first.
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April 23, 2025
Conn. Firm Hit With Another Data Breach Lawsuit
A 26-attorney Connecticut business litigation, intellectual property and employment law firm was hit with another proposed federal class action over a breach of the firm's computer systems.
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April 22, 2025
PacifiCorp Should Pay For 39 Years Of Fire Trauma, Jury Told
A group of nine displaced property owners started the latest trial Tuesday over 2020 wildfires during which PacifiCorp chose not to de-energize its power lines, telling an Oregon state jury that more than 39 years' worth of harm has been done when all the plaintiffs' sagas are considered together.
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April 22, 2025
Venezuelan Deportation Ban Extended Amid Due Process Fears
A Manhattan federal judge on Tuesday extended a temporary ban on the deportation of purported Venezuelan gang members targeted for removal by the Trump administration, saying the detainees must be provided with adequate notice and an opportunity to bring a legal challenge against their removals.
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April 22, 2025
BlackRock Funds Drop Claims In Valeant Stock Suit
Dozens of BlackRock funds have dropped their claims in multidistrict securities litigation that accused a Bausch Health Cos. Inc. predecessor and others of a market manipulation scheme that caused a stock plummet, according to an order signed Tuesday by a New Jersey federal judge.
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April 22, 2025
Firms Vie To Lead Trade Desk Investor Suit Over AI Rollout
Robbins Geller, Bernstein Litowitz and other firms are seeking to represent a proposed class of investors in a suit alleging global digital marketing venture The Trade Desk Inc. hid snags that ultimately delayed the rollout its artificial intelligence-driven ad-buying platform.
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April 22, 2025
9th Circ. Affirms Otonomo's Escape Of Calif. Car Tracking Suit
The Ninth Circuit on Tuesday unanimously refused to revive a California man's proposed class action accusing autotech company Otonomo Inc. of surreptitiously tracking drivers' movements in violation of California privacy law, finding that a device installed in the man's BMW wasn't an "electronic tracking device" under the relevant state law.
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April 22, 2025
Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty
Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.
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April 22, 2025
Smoke Shop Joins Others Seeking Toss Of Nitrous Death Suit
Another smoke shop is joining fellow defendants in seeking dismissal of a woman's suit alleging their sale of nitrous oxide canisters led to her sister's death from using them as "whippets," saying she lacks standing to bring her claim.
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April 22, 2025
Credit Sesame Users Say Data Breach Leaked Personal Info
Financial services provider Credit Sesame is facing a proposed class action filed Monday in California federal court by two customers who said their personally identifiable information was compromised in a data hack earlier this month and that the company did not follow common industry standards to protect their sensitive information.
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April 22, 2025
Fintech Faces Investor Suit Over Unpaid $1.25M Settlement
A Toronto-headquartered fintech company faces a fresh suit in Brooklyn federal court, alleging it has not paid "a dollar" of the $1.25 million it committed to handing over to end securities fraud claims.
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April 22, 2025
Cummins Inc. Can't Dodge Engine Warranty Class Claims
A Michigan federal judge on Monday said Cummins Inc. must face a trucking company's proposed class action alleging the engine maker routinely cites dust damage to refuse warranty replacements and repairs without determining if it really was the cause.
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April 22, 2025
Ohio Derailment Not Caused By Texas Hurricane, Rail Co. Says
Railcar company GATX Corp. told a federal jury Tuesday that after three weeks of testimony, only a single witness had advanced Norfolk Southern's theory that a 2017 hurricane in Texas caused the hidden damage to a GATX-owned car that would eventually set off the 2023 derailment in East Palestine, Ohio.
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April 22, 2025
DOJ Wants Time During 9th Circ. Vegas Room Rate Arguments
The U.S. Department of Justice has asked to participate in the Ninth Circuit argument for an appeal from Las Vegas casino-hotel guests accusing the operators of using software to inflate room rates, the first algorithmic price-fixing case to reach an appeals court.
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April 22, 2025
Temp Workers Sue Fresh Express Over Alleged Safety Hazards
Six temporary workers claimed in a potential class action filed Monday that salad kit maker Fresh Express failed to train them to operate dangerous equipment or mitigate safety risks and that the staffing agencies that sent them there failed to pay wages comparable to what their hired employees make in violation of Illinois law.
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April 22, 2025
Judge Urged To Return Asylum Applicant Sent To El Salvador
Lawyers representing a class of young asylum-seekers told a Baltimore federal judge Tuesday that the federal government wrongly deported a 20-year-old Venezuelan asylum applicant to an El Salvador prison, arguing the Trump administration should be ordered to facilitate his return, just as it was in Kilmar Abrego Garcia's high-profile case.
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April 22, 2025
Tivity Health Denied Win In Suit Over Nutrisystem Buy
Health program company Tivity Health was largely denied a summary judgment win over investors who sued the company over its troubled $1.3 billion purchase of Nutrisystem, according to an order from a Tennessee federal judge who ruled Tivity's duty to disclose certain information is still debatable.
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April 22, 2025
Intel Asks For Final End To Claims Over Chipmaking Problems
Intel Corp. has told a California federal judge that a group of investors on a second try failed again to show that the company concealed problems in its domestic computer chipmaking business before posting results on Aug. 1 that led to its largest single-day stock decline since 1985.
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April 22, 2025
Scott + Scott To Lead Medical Cannabis REIT Securities Suit
A Maryland federal judge picked Scott + Scott as the lead class counsel Tuesday for a proposed securities class action accusing a medical cannabis-focused real estate investment trust of misleading shareholders about its declining rents, declining property management fees and the state of its leasing operations.
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April 22, 2025
Dunkin' Unit Beats Disability Bias Suit Over Nondairy Milk Fees
A California federal judge dismissed a lawsuit from lactose-intolerant customers accusing a Dunkin' Donuts unit and its franchisees of disability discrimination for charging extra for nondairy milk, ruling Monday that because the surcharge applied to all customers it didn't violate the Americans with Disabilities Act or a state law against discrimination.
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April 22, 2025
TruAmerica Overbilled For Water In Mass., Tenants Say
Residents at an upscale Massachusetts apartment complex owned by an affiliate of real estate investment firm TruAmerica have alleged in a proposed class action in state court that they're being billed for water service fees covering common-area expenses, such as sprinklers and fire hydrants, in violation of state law.
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April 22, 2025
Subaru Buyers' Attys Get $7.25M As Windshield Deal OK'd
A New Jersey federal judge on Monday gave final approval to a settlement between Subaru and a class of nearly 2 million customers in a suit that accused the automaker of selling vehicles with windshields vulnerable to cracks and other breakage, and granted class counsel $7.25 million in attorney fees.
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April 22, 2025
NC Sheriff's Office Settles Workers' Wage Class Action
A North Carolina sheriff's office reached a deal with a class of detention center employees to end their lawsuit alleging they were underpaid because the sheriff paid them for a flat number of hours without considering that their work schedules varied, according to a filing in federal court.
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April 22, 2025
Colo. Judge Extends Halt On Removal Of Venezuelan Migrants
A Colorado federal judge on Tuesday lengthened her temporary bar on the removal of Venezuelan migrants who are or will be detained in the state under a 1798 wartime law, writing in an order that her court "must follow suit" after high court justices issued a stay in a Texas case.
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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Series
The 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.