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Class Action
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October 21, 2025
Kratom Drink Co. Wants 'Internally Inconsistent' Suit Tossed
It can't both be true that beverage maker Mitra-9 concealed from consumers the "addictive nature" of its kratom products and that, for decades, "Western Civilization" has known the substance is "highly addictive," the company told a New York federal court when urging for the dismissal of a proposed class action suit.
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October 21, 2025
Uber MDL Judge Sets Litigation Funding Disclosure Deadline
A California federal judge ruled Tuesday in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers that plaintiffs' counsel must disclose any ties to third-party litigation funding companies by next week, but stopped short of ordering all plaintiffs' counsel to affirmatively deny any connection.
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October 21, 2025
Chime Seeks Exit From Class Suit Over 'Refer A Friend' Texts
Online banking company Chime seeks to shed a proposed class action alleging its "refer a friend" texts violate Washington's Consumer Electronic Mail Act, arguing that its text referrals fit "squarely" within the anti-spam law's statutory exemption for legitimate business activities.
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October 21, 2025
Apartments.com Operator CoStar Beats Video Privacy Suit
A Missouri federal judge tossed a proposed class action alleging the operator of Apartments.com unlawfully shared data about the visitors to the rental website, holding that CoStar Realty isn't covered by the federal Video Privacy Protection Act because it's not a videotape business.
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October 21, 2025
Wilkes University Faces Class Action Over Data Breach
A Pennsylvania university was hit with a proposed class action in federal court after announcing it had suffered a data breach early this year, potentially affecting more than 27,600 current and former students.
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October 21, 2025
Chancery Mulls 'Sufficiency' Ruling In Squarespace Doc Suit
An attorney for a former stockholder of website hosting venture Squarespace Inc. told a Delaware vice chancellor Tuesday that the Chancery Court's senior magistrate erred in declining to order a release of emails for a books and records investigation focused on the company founder's role in a $7.2 billion take-private sale.
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October 21, 2025
2nd Circ. Weighs Reviving Signature Bank Investor Suit
The Second Circuit quizzed an FDIC attorney Tuesday over the agency's ability to stop Signature Bank's former shareholders from suing following the bank's collapse, with the judges considering whether to revive a lawsuit accusing Signature's brass and its outside auditor of failing to warn investors about its liquidity problems.
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October 21, 2025
Amazon Return Policy Suit On Hold Amid Tentative Class Deal
A Washington federal judge Tuesday paused a proposed class action accusing Amazon of shortchanging customers on refunds for returned items, after the parties told the court they struck a classwide deal to end the case and intend to seek formal approval of the settlement in the next two months.
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October 21, 2025
UK Enforcer Backs Private Immunity For Reporting Cartels
Britain's competition enforcer told the government Tuesday that leniency applicants who are the first to report cartel activity should be afforded full immunity from damages under the collective actions regime to help boost enforcement efforts.
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October 21, 2025
9th Circ. Doubts Finance Guru's Stance In Timeshare Exit Suit
A Ninth Circuit panel signaled on Tuesday that it's unlikely to force arbitration in a proposed class action accusing celebrity financial planner Dave Ramsey of roping his radio show's listeners into a timeshare exit scheme, with two judges emphasizing that Ramsey's argument hinges on a contract that he never signed.
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October 21, 2025
Shutdown Won't Pause Suit Over Migrant Parole Terminations
A Massachusetts federal judge on Tuesday denied the government's request to stay proceedings in a proposed class action brought on behalf of nearly a million migrants that alleges their legal status was illegally ended by the Trump administration via an app.
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October 21, 2025
Mitsubishi Electric Gets 1st Nod For $515K Wage Class Deal
A $515,000 deal to settle a suit accusing Mitsubishi Electric Automotive America of only paying workers based on their scheduled shifts will go forward, an Ohio federal judge ruled, finding the settlement fair and reasonable.
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October 21, 2025
Football Players Urge Judge To Rethink Tossing $50M NIL Suit
A Michigan federal judge committed "a clear error of law" by dismissing a $50 million antitrust suit against the NCAA by four former college football players last month based on the statute of limitations and on a misapplication of recent rulings involving other past college athletes' publicity rights, attorneys for the former football players said Tuesday in a motion to reconsider the suit's dismissal.
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October 21, 2025
Investors Tell Chancery CytoDyn Board Ignored Drug Scheme
Stockholders of CytoDyn Inc. have filed a consolidated derivative complaint in the Delaware Chancery Court, accusing the company's leadership of wrongfully refusing to investigate and sue its former CEO and others over an aligned scheme to mislead investors about the company's flagship drug.
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October 21, 2025
4th Circ. Dubious Of Class Status In Genworth 401(k) Suit
The Fourth Circuit seemed likely Tuesday to unravel a nearly 4,000-member class of Genworth Financial employee 401(k) participants who allegedly saw their retirement savings dragged down by underperforming BlackRock target date funds, given that individual investors' returns varied based on how close they were to retirement.
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October 21, 2025
BofA Says COVID-Era Cardholders Flip-Flop On Fraud Claims
Bank of America NA seeks a partial early win in multidistrict litigation brought over unemployment benefits cards it issued during the COVID-19 pandemic, arguing the plaintiffs went from accusing the bank of failing to stop fraud in the accounts to claiming it was too stringent with its anti-fraud measures.
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October 21, 2025
Mich. AG Can Step Into Fire Insurance Policy Challenge
The Michigan attorney general can intervene in a dispute over the constitutionality of the state's Fire Insurance Withholding Program, which allows participating municipalities to withhold part of a property owner's insurance payout until fire-damaged property is repaired, a federal court ruled.
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October 21, 2025
Judge Agrees With United That Wage Suits Are Linked
A suit accusing United Airlines of conspiring to underpay workers is related to another case in which flight attendants are bringing a grievance to arbitration without the Teamsters' support, a California federal judge ruled, turning down a worker's arguments that the cases didn't overlap.
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October 21, 2025
Vivid Seats Faces Class Action Claiming 'Drip Pricing' Tactics
Ticket reseller Vivid Seats is facing a proposed class action alleging that it used "drip pricing" to illegally deceive consumers by advertising artificially low ticket prices before revealing mandatory fees at checkout.
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October 21, 2025
Food Co. Strikes $4.7M Deal To End ERISA Tobacco Fee Suit
Food distributor Performance Food Group will pay $4.7 million to settle a proposed class action alleging it violated federal benefits law by charging tobacco users in its health plan an extra fee, according to a filing in Virginia federal court.
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October 20, 2025
Calif. Credit Cardholders Can't Get Swipe Fee Case Do-Over
A New York federal judge who was recently assigned to a putative interchange fee class action lawsuit from California cardholders against Visa, Mastercard and major banks in long-running multidistrict litigation has denied their motion for reconsideration of another judge's reconsideration denial.
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October 20, 2025
TikTok Must Produce Docs On Anorexic Influencer
A California federal judge on Monday ordered TikTok to produce documents related to Eugenia Cooney, an influencer with anorexia and 2.8 million followers, in litigation over claims social media hurts youth mental health, and also instructed YouTube to yield documents on two of its witnesses.
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October 20, 2025
Argent, North Highland Ink $2.4M Deal In ESOP Fight
North Highland Co. and its employee stock ownership plan trustee Argent Trust Co. will pay $2.4 million to end a suit from North Highland workers alleging the plan was mismanaged and devalued.
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October 20, 2025
Green Dot Investors Seek First OK For $40M Settlement
Shareholders of financial technology company Green Dot are seeking an initial nod for their $40 million deal ending proposed class action claims accusing the company of concealing declining prepaid card sales amid competition from digital banking alternatives.
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October 20, 2025
OpenAI Says It Owes Musk Nothing In For-Profit Move
OpenAI and Microsoft have asked a California federal court to avoid trial on claims that OpenAI duped Elon Musk into donating $45 million with false promises of remaining a nonprofit, arguing no such promises were made and that the billionaire's money came without strings or control.
Expert Analysis
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3 Trends From AI-Related Securities Class Action Dismissals
A review of recently dismissed securities class actions centering on artificial intelligence highlights courts' scrutiny of statements about AI's capabilities and independence, and sustained focus on issues that aren't AI-specific, say attorneys at Alston & Bird.
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Hybrid Claims In Antitrust Disputes Spark Coverage Battles
Antitrust litigation increasingly includes claims for breach of warranty, product liability or state consumer protection violations, complicating insurers' reliance on exclusions as courts analyze whether these are antitrust claims in disguise, says Jameson Pasek at Caldwell Law.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Training AI On Books: A Tale Of 2 Fair Use Rulings
Though two recent decisions from the Northern District of California concluded that training artificial intelligence with copyrighted books counts as fair use, certain meaningful differences in reasoning could affect pending and future cases, says Brett Carmody at Atheria Law.
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How AI Can Find Environmental Risks Before Regulators Do
By using artificial intelligence to analyze public information that regulators collect but find incredibly challenging to connect across agencies and databases, legal teams can identify risks before widespread health impacts occur, rather than waiting for harm to surface — potentially transforming environmental litigation, says Paul Napoli at Napoli Shkolnik.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
The third quarter of 2025 brought legislative changes to state money transmission certification requirements and securities law obligations, as well as high-profile accounting and anti-money laundering compliance enforcement actions by the Department of Financial Protection and Innovation, say attorneys at Ropes & Gray.
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9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims
The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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4 Steps To Designing Effective Survey Samples For Trial
The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Opinion
State AGs, Not Local Officials, Should Lead Public Litigation
Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.
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Montana Federal Ruling Takes Broad View Of 'Related Claims'
A Montana federal court recently took a broad view of related claims, ruling that claims brought by different plaintiffs in different states alleging different legal theories were nevertheless under a directors and officers insurance policy, illustrating the range of interpretations courts may give these clauses, say attorneys at Hunton.