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Class Action
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 29, 2025
Porsche Owners Say EV Update Doubled Charge Times
A proposed class of Porsche buyers is suing the company's North American wing in Georgia federal court, saying an update that was supposed to address overheating in chargers for electronic and hybrid vehicles has resulted in charge times that are double what was advertised.
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September 26, 2025
Meta Set To Appeal Flo Privacy Verdict As Users Seek Billions
Meta is gearing up to appeal a California federal jury verdict that found it liable for using a data analytics tool to illegally retrieve sensitive health data from users of the popular menstrual tracking app Flo, the company disclosed in a posttrial filing in which the plaintiffs separately asked the court to award statutory damages that could reach the billions.
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September 26, 2025
NY Judge Grills CA Atty Over Botched Pro Hac Vice Filings
The Manhattan federal judge overseeing a major racial discrimination lawsuit against the NFL on Friday took a California attorney to task over a bungled pro hac vice filing and his failure to appear at a prior hearing, but stopped short of taking disciplinary action, for now.
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September 26, 2025
EssilorLuxottica Beats Antitrust Suit, Buyers Get 1 Last Shot
A New York federal judge on Friday dismissed two proposed class actions in a consolidated suit that accuses eyewear EssilorLuxottica SA of monopolizing the U.S. consumer eyewear market, saying that direct and indirect purchasers offered an "implausible and contrived definition" of an asserted premium eyewear market.
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September 26, 2025
Zillow Loses 9th Circ. Bid To Undo Investor Class Cert.
The Ninth Circuit on Friday affirmed a lower court's decision to grant class certification in an investor suit claiming Zillow Group Inc. oversold a now-shuttered home-buying program, rejecting the real estate listing site's arguments that the lower court did not correctly apply the U.S. Supreme Court's Goldman decision to the class certification bid.
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September 26, 2025
Facial Machine Maker Can't Slough Off Investor Suit
Salon treatment equipment maker the Beauty Health Company can't shed claims it hurt investors by hiding critical design issues affecting its Syndeo hydrodermabrasion facial machine detailed in an "exhaustive" complaint, a California federal judge has determined.
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September 26, 2025
Inotiv Inks $8.75M Investor Deal Over Animal Welfare Claims
Medical research services provider Inotiv Inc. and its shareholders asked an Indiana federal court to approve an $8.75 million settlement to resolve investors' claims the company concealed that its subsidiaries were under investigation by the U.S. Department of Justice for animal welfare and smuggling violations.
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September 26, 2025
Conn. Psych Facility Faces Class Claims Over Data Breach
A residential psychiatric treatment facility in Connecticut fell victim to a cyberattack that exposed the personal information of more than 5,000 current and former patients and employees, according to a putative class action that alleges The Children's Center of Hamden Inc. was negligent with its data security.
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September 26, 2025
Bayer Investors Seek Final OK Of $38M Settlement, Atty Fees
Bayer AG shareholders have asked a California federal judge to give final approval of its $38 million settlement with the German multinational to end claims it downplayed litigation risks related to the weedkiller Roundup, saying the deal, which seeks over $10 million in attorney fees, is fair.
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September 26, 2025
Skechers Emails Are Misleading Spam, Customers Say
Footwear brand Skechers is blasting shoppers with spam emails that clog their inboxes with false and misleading statements about urgent deals, according to a new proposed class action in Washington federal court seeking more than $6 million for the alleged violations.
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September 26, 2025
Mortgage Insurer Wants To Settle 401(k) Mismanagement Suit
A mortgage insurance company has agreed to settle a proposed Employee Retirement Income Security Act class action filed by a former employee who accused the insurer in North Carolina federal court of mismanaging a 401(k) plan.
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September 26, 2025
United Bank To Pay $2M Settling ESOP Class Action
United Bank Corp. has agreed to pay $2 million to settle claims it booted former employees out of its employee stock ownership plan and cut them out of the proceeds of a $23.3 million dividend, according to a filing in Georgia federal court.
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September 26, 2025
Men On NYPD Gang List Fight To Keep Alive Racial Bias Suit
Three anonymous men on the New York Police Department's list of gang members have urged a federal judge to reject the city's bid to dismiss their putative class action, saying their claims are based on ongoing racial discrimination and civil rights violations.
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September 26, 2025
Illumina And Grail Nix Investor Suit Over Failed Deal, For Now
Illumina and Grail on Friday defeated a proposed class action alleging they lied to investors who bought artificially inflated Illumina stock whose prices plunged following several purported disclosures, after a California federal judge said the investors hadn't adequately pled which disclosures corrected any alleged misstatements that caused their losses.
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September 26, 2025
Fla. Urges 11th Circ. To Remand Snap Inc. Suit To State Court
The Florida Office of the Attorney General urged the Eleventh Circuit to undo an order blocking enforcement of a law that requires Snap Inc. to limit teens' access to the platform, arguing the case belongs in state court.
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September 26, 2025
DC Circ. Won't Stop FDA From Approving Entresto Generic
The D.C. Circuit on Friday shot down Novartis' attempt to block the U.S. Food and Drug Administration's approval of a generic version of its most lucrative drug, the heart disease medication Entresto.
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September 26, 2025
Oldies.com Class Claims Over Video-Buying Info Kept Alive
A Pennsylvania federal judge has ruled that online video seller oldies.com must face a customer's proposed class action claiming it unlawfully disclosed his personal viewing information, finding he adequately showed the website violated the Video Privacy Protection Act.
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September 26, 2025
Off The Bench: NCAA Mostly Beats Trans Suit, Faces Another
In this week's Off The Bench, the NCAA beat the majority of claims over its former transgender policy, but faced a new lawsuit in New York, along with the State University of New York, stemming from its current ban of transgender athletes competing in women's sports.
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September 26, 2025
Judge Wants Clarity On Migrant Green Card Delays
A Massachusetts federal judge on Friday said Trump administration officials may be "wordsmithing," as she asked a government lawyer to explain why some migrants trying to adjust their status from humanitarian parole to legal residency are still being told their applications are on hold despite a court order to resume processing them.
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September 26, 2025
Judge Won't Halt EPA's $3B Climate Grant Cuts During Appeal
A Washington, D.C., federal judge denied conservation groups' and local governments' effort to stop the U.S. Environmental Protection Agency from ending a $3 billion climate grant program while they appeal the dismissal of their lawsuit.
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September 26, 2025
Derailment Litigants Say Attys Duped Them Into $600M Deal
Nearly 150 residents in and around East Palestine, Ohio, say plaintiffs' lawyers misled them into joining a $600 million deal with Norfolk Southern by concealing experts' testing and community members who got sick after a fiery 2023 derailment, according to a motion asking a federal judge to let them out of the settlement.
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September 26, 2025
Capital One Resolves Ex-Workers' 401(k) Forfeiture Suit
Capital One has agreed to end a proposed class action alleging it unlawfully used tens of millions of dollars in forfeited 401(k) funds to reduce its own contributions to the plan rather than curtail administrative costs, the company told a New York federal court.
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September 26, 2025
Philly PD Fights Cops' OT Class Certification Bid
The city of Philadelphia and several officials said that they followed the collective bargaining agreement to compensate ranking officers, telling a federal court that a proposed class in an overtime suit would require individualized inquiries that clash with certification.
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September 26, 2025
Athletes Want Judge In Pavia Case For NCAA 'Redshirt' Suit
The federal judge whose 2024 injunction allowed Vanderbilt University's Diego Pavia to play an extra season of football should oversee a proposed antitrust class action seeking to upend the NCAA's eligibility rules, the athletes behind the suit told a Tennessee federal court.
Expert Analysis
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.