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Class Action
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April 08, 2025
ACLU Sues To Block Deportation Of Venezuelan Nationals
The American Civil Liberties Union filed an emergency lawsuit on Tuesday in Manhattan federal court seeking to halt the deportation of Venezuelan nationals under the Alien Enemies Act, after the Supreme Court ruled the Trump administration can proceed with doing so.
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April 08, 2025
FCA Seeks Sanctions For Driver Who Got Rid Of His Vehicle
Fiat Chrysler Automobiles says a proposed class action over allegedly defective door panels in older model Dodge Chargers and Chrysler 300s should be ended, partly because the alleged defect isn't covered by a warranty and additionally because one of the drivers got rid of his car before the automaker could inspect it.
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April 08, 2025
Expert And 'Worthlessness Theory' Ejected In Valsartan MDL
Patients and insurers who claim they were ripped off when purchasing the contaminated blood pressure medication Valsartan won't be able to argue that the drug was worthless as a matter of law, a New Jersey federal judge overseeing the multidistrict litigation has ruled, casting doubt that the plaintiffs will secure a full refund for their purchase.
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April 08, 2025
2nd Circ. Hints Healthcare Co. Is Bound To $1.3M OT Deal
A Connecticut company could be bound by a plan to settle class action overtime wage claims for $1.34 million despite attempting to back out of an unsigned settlement agreement and hiring new counsel several months later, a Second Circuit panel hinted on Tuesday.
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April 08, 2025
Small But Sharp Hurdles Remain To NCAA's NIL Settlement
Nearly a year after the NCAA and hundreds of thousands of athletes agreed on a settlement that would finally give athletes a share of billions of dollars in revenue, enough flaws remain in the agreement — related to roster limits and the rights of future athletes entering the new system — to indefinitely hold off on its final approval.
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April 08, 2025
Bigelow Tea Buyer Class Wins $2.36M In Trial Over 'USA' Label
A California federal jury found Tuesday that R.C. Bigelow committed fraud and violated the state's Consumer Legal Remedies Act by placing a label on some tea products touting it as "Manufactured in the USA 100%," awarding a class of Golden State tea buyers $2.36 million in damages.
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April 08, 2025
DHS Accused Of Illegally Scrapping Foreign Student Records
Three anonymous current and former international students in the U.S. on F-1 visas are suing the U.S. Department of Homeland Security, alleging the agency terminated hundreds of student and exchange visitor information system records, effectively stripping them of their ability to remain in the country without due process.
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April 08, 2025
Pepsi, Frito-Lay Fight Pricing Claims From Stores
Pepsi and Frito-Lay have asked to toss a case accusing them of illegally charging Walmart, Target and other chain stores less for chips than smaller retailers, saying the stores bringing the case fail to make a direct comparison of sales to the different outlets.
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April 08, 2025
Porsche Seeks Toss Of Taycan EV Defect Suit
Porsche Cars NA Inc. has asked a federal court to dismiss nearly all claims brought against it in a proposed class action alleging the carmaker failed to disclose or adequately repair a defect in its Taycan electric vehicles for the model years 2020-2024.
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April 08, 2025
Students Urge Speedy Discovery In Ex-Coach Hacking Suit
As cases against the University of Michigan and a former assistant football coach over the alleged hacking of personal information and downloading of intimate photos move to one judge's docket, students in the first-launched lawsuit are seeking to speed up discovery so they can learn of their potential exposure from the breach.
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April 08, 2025
Volvo Battery Defect Risks Plug-In Hybrid Fires, Suit Says
Certain Volvo plug-in hybrid vehicles risk catching fire due to the Swedish automaker's faulty design and manufacturing of battery modules, one consumer alleged in a proposed class action filed Tuesday in Pennsylvania federal court.
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April 08, 2025
Wash. Co. Liable For Hack Involving 19K Workers, Suit Says
A Washington-based seafood producer has been hit with a proposed class action in federal court over a data breach that allegedly exposed the private information of more than 19,000 employees to hackers.
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April 08, 2025
Hospital Operator Gets 'Burdensome' Antitrust Info Bid Pared
A North Carolina federal judge has pared HCA Healthcare Inc.'s subpoenas to a hospital network in a consolidated antitrust case accusing it of hiking Tar Heel State public employees' health insurance costs, putting a two-hour time limit on the depositions it sought and cutting three years of requested information.
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April 08, 2025
9th Circ. Wary Of Judge Becoming 'King' Of Veteran Housing
The Ninth Circuit appeared skeptical Tuesday of a California federal court's decision to establish control over a U.S. Department of Veterans Affairs facility due to inadequate homelessness measures, with one panel member expressing concern the district judge gave himself the overbroad powers of a "king."
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April 08, 2025
Hyzon Motors Steers Into ABC In Chancery After Subsidy Cuts
Global hydrogen fuel cell truck maker Hyzon Motors Inc. sought Delaware Court of Chancery jurisdiction Monday over assignment of company assets for the benefit of creditors, after a string of setbacks for the clean energy venture, including stock exchange delisting, government subsidy losses and a plant shutdown in China.
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April 08, 2025
Berkshire Unit Looks To Transfer Commission Fee Claims
Berkshire Hathaway Energy Company is pushing a Missouri federal court to transfer a proposed class action accusing it and other companies of conspiring to artificially inflate buyer-broker commission fees, arguing the claims should be litigated in Iowa federal court instead.
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April 08, 2025
BMW Faces Class Action Over Water Pump Fire Risk
A driver has hit BMW with a proposed class action in North Carolina federal court over the manufacturer's recall of roughly 721,000 cars containing faulty water pumps that could leak and cause a fire.
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April 08, 2025
Bernstein Litowitz, Kessler Topaz Seek To Lead GSK Investors
Bernstein Litowitz Berger & Grossmann LLP and Kessler Topaz Meltzer & Check LLP are seeking lead counsel roles in a proposed securities class action against GSK PLC in Pennsylvania federal court, citing a long history of collaboration and billions recovered for shareholders.
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April 08, 2025
Farmworkers Fight To Keep Wages Collective Suit Standing
A North Carolina federal judge should reject three farms' attempts to detangle a collective and snag an early win in a suit accusing them of failing to reimburse farmworkers for travel and visa expenses, the workers said, standing by claims they said are timely and well-supported.
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April 07, 2025
NCAA's $2.8B NIL Deal Sent Back For 'Fixes' Amid Objections
A California federal judge declined Monday to immediately approve the National Collegiate Athletic Association's $2.78 billion name, image and likeness deal, giving counsel a week to propose "fixes" that address objections raised by some athletes, including ex-Seattle Seahawks linebacker Benjamin Burr-Kirven and gymnast and social media influencer Olivia Dunne.
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April 07, 2025
1st Circ. Won't Pause Block Of Unrelated Country Deportation
The First Circuit on Monday declined to stay a Massachusetts federal judge's order blocking the Trump administration from removing immigrants to countries where they have no prior ties without first providing them with notice of where they are being sent and a "meaningful" opportunity to raise any safety concerns.
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April 07, 2025
Autotrader Website 'Tester' Can't Carry Privacy Suit
A California federal judge has tossed a proposed class action accusing Autotrader of unlawfully sharing website visitors' search queries with third parties, finding that the plaintiff didn't suffer an actionable injury because her expectations were met when she visited the website to "test" for privacy violations.
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April 07, 2025
Bigelow Emails Spill The Tea About 'USA' Label Lies, Jury Told
An attorney for a class of tea consumers suing R.C. Bigelow over a "Manufactured in the USA 100%" label that has already been found to be false told a California federal jury during closing arguments Monday that internal emails show that executives were either reckless or intentionally misled the public.
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April 07, 2025
AT&T Wants 401(k) Forfeiture Suit Tossed
AT&T has asked a California federal judge to throw out an employee's suit regarding forfeited employer 401(k) contributions, arguing it has the right to determine how the abandoned funds are used as the plan sponsor.
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April 07, 2025
Sig Sauer Says Gun Optics Recall Prevented Harm
Gunmaker Sig Sauer has asked a Pennsylvania federal judge to toss a proposed class action filed against it over a recall involving battery-powered firearm optics, claiming the plaintiff decided to initiate litigation despite not suffering any negative effects from it.
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.