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Consumer Protection
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June 13, 2025
Chervon, Lowe's Say Recall Blocks Explosive Battery Suit
Chervon North America Inc. and Lowe's Home Centers LLC urged an Illinois federal court Friday to throw out a proposed class action alleging they made and sold lithium-ion batteries that were prone to overheating and combusting, saying a December recall already provided all the relief the plaintiffs could receive.
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June 13, 2025
Fla. Judge Tosses $500M Red Cross Haiti Relief Suit
A Florida federal judge has tossed a proposed class action accusing the American Red Cross of misusing over $500 million meant for Haitian earthquake victims after finding that the plaintiffs failed to establish standing.
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June 13, 2025
FCC Urged To Clarify 'Quiet Hours' Call Restrictions
A telemarketing trade group is continuing to push the Federal Communications Commission to rule that recipients of solicitations during the commission's designated "quiet hours" cannot sue if they previously consented to getting messages.
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June 13, 2025
Hemp Vape Maker Wants Out Of Buyer's Delta-9 THC Suit
The maker of hemp-based electronic cigarettes under the Cake brand is asking a California federal judge to throw out a buyer's claim that the products illegally exceed federal thresholds for delta-9 THC content, saying his vague complaint doesn't meet pleading standards.
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June 13, 2025
Robocall Blocker Hits Synchrony Financial With TCPA Suit
A robocall blocking company took Synchrony Financial to Connecticut federal court for allegedly placing thousands of unwanted and unlawful prerecorded phone calls in violation of the Telephone Consumer Protection Act, calls that the firm said have made its service more expensive to provide.
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June 12, 2025
Calif. Insurance Chief Probes State Farm's Wildfire Coverage
California Insurance Commissioner Ricardo Lara announced Thursday that he is launching an investigation into State Farm's handling of thousands of claims from the devastating Los Angeles-area wildfires, as complaints continue to grow.
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June 12, 2025
Trump Admin Parries Fed Talk As Judge Weighs NCUA Firings
A Trump administration attorney studiously deflected questions about the Federal Reserve at a Thursday court hearing on President Donald Trump's firing of two Democratic credit union regulators, leaving the central bank's independence as the elephant in the room.
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June 12, 2025
Google Again Asks To Trim Yelp's Antitrust Suit
Google is once again asking a California federal judge to trim Yelp's case accusing it of monopolizing the local search market, arguing that the reworked complaint doesn't fix deficiencies the court pointed out in a dismissal order earlier this year.
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June 12, 2025
'I Want Names': YouTube Attys' MDL Redactions Face Scrutiny
A California federal magistrate judge ordered YouTube on Thursday to provide him with unredacted versions of documents it produced in sprawling multidistrict litigation over claims social media is addictive, and demanded that YouTube identify counsel who made its relevance-redaction determinations, saying. "I want names and I want teams."
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June 12, 2025
Neb. Accuses Temu Of 'Siphoning' User Data, Fueling IP Theft
Chinese bargain-shopping app Temu is unlawfully gathering sensitive information from minors and other customers through secretly installed malware and is allowing intellectual property infringement to "thrive" on its platform, Nebraska's attorney general alleged in a sweeping new lawsuit.
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June 12, 2025
Judge Pans 'Breathtaking' CFPB Disavowal Of Redlining Deal
An Illinois federal judge Thursday refused to allow the Trump administration to abandon a recently settled Consumer Financial Protection Bureau redlining case, calling the CFPB's bid to refund a Chicago-area mortgage lender accused of discriminatory lending practices "breathtaking."
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June 12, 2025
Volkswagen Beats SUV Owner's Out-Of-Warranty Defect Suit
An Alabama federal judge on Wednesday tossed a Volkswagen owner's putative class action accusing the automaker of refusing to cover her allegedly defective SUV under warranty, saying the driver sought repairs outside of warranty limits and failed to show that the vehicle was so unsafe that it was defective.
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June 12, 2025
Holmes Seeks 2 Year Cut, Commits To Criminal Justice Work
Elizabeth Holmes has asked a California federal judge to knock two years off her 11-year prison sentence, arguing she's eligible for the adjustment under sentencing guidelines and has spent her time behind bars tutoring and advocating for her fellow prisoners.
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June 12, 2025
Senate Dem Worries 'Salt Typhoon' Still Wreaks Havoc
The Senate's lead Democrat on spectrum issues said Thursday that last year's massive "Salt Typhoon" cyberattack linked to China may not be over and that giving wireless carriers vast amounts of new spectrum could only make U.S. networks more vulnerable.
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June 12, 2025
Florida, Sandoz Say They've Fixed Generic Drug Price-Fix Deal
The Florida Attorney General's Office and Sandoz Inc. have told a Connecticut federal court they've fixed the problems the court identified with a generic drug price-fixing settlement after other states with claims in the case objected to a clause in the deal.
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June 12, 2025
Protect Public Broadcast Channels, Nonprofit Tells FCC
A media nonprofit serving one of Washington, D.C.'s suburbs urged the Federal Communications Commission to protect access to public, educational and government channels when exploring whether to nix potentially burdensome regulations.
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June 12, 2025
23andMe Ombudsman Not Confident Sale Is Lawful
The privacy expert probing 23andMe's proposed sale of customers' genetic data in bankruptcy told a Missouri federal judge Wednesday that he couldn't determine the deal wouldn't violate state privacy laws and recommended the company be required to obtain consent from its customers before handing over the data.
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June 12, 2025
8th Circ. Upholds Block On Minn. Generic-Drug Price Law
The Eighth Circuit on Thursday backed a lower court's preliminary injunction blocking a Minnesota law that prohibits pharmaceutical manufacturers from imposing an "excessive" price increase on generic or biosimilar drugs, agreeing that the law is likely unconstitutional in regulating prices charged nationwide.
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June 12, 2025
Senate GOP Moves To Confirm Trump's FCC Nominee
The U.S. Senate plans next week to bring up President Donald Trump's nomination of Olivia Trusty to the Federal Communications Commission.
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June 12, 2025
Turkey Buyers Fight Burford Units' Objection To Cargill Deal
Direct purchasers of turkey have told the Illinois federal judge handling consolidated turkey price-fixing litigation that he should disregard two litigation funding subsidiaries' untimely attempt to lodge what they called a meritless challenge to a nearly finalized price-fixing settlement with Cargill Inc.
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June 12, 2025
Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia
A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers knowingly sold vehicles with design flaws that resulted in a car theft crime spree.
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June 12, 2025
Insurer Says Hair Relaxer Maker Not Covered In Cancer Suits
An insurer told a Georgia federal court that it had no duty to defend a hair relaxer and beauty products manufacturer in underlying litigation filed by people who alleged that chemicals in hair relaxer products the company produced caused them to develop cancer and suffer bodily injuries.
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June 12, 2025
High 5 Can't Slash $7M Enhanced Damages In App Case
A Washington federal judge denied High 5 Games' post-trial bid to toss or lower a $7.2 million enhanced damages award for operating illegal casino-style mobile apps, finding that the amount was properly decided by a jury and complied with limits under Evergreen State consumer protection law.
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June 12, 2025
Hemp Retailer Sues DC, Feds Over District's Cannabis Policy
A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.
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June 12, 2025
Cannabis Co. TerrAscend Accused Of Spam Texts
Multistate marijuana operator TerrAscend Corp. was hit with a proposed class action in Michigan federal court Thursday accusing the cannabis giant of spamming customers with unsolicited texts in violation of the Telephone Consumer Protection Act.
Expert Analysis
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A Closer Look At FDX's New Role As Banking Standard-Setter
Should the new Consumer Financial Protection Bureau let stand the decision empowering Financial Data Exchange as an industry standard-setter, it will be a significant step toward broader financial data-sharing, but its success will depend on industry adoption, regulatory oversight and consumer confidence, say attorneys at Clark Hill.
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What To Expect In Crypto Banking After SEC Nixed Guidance
With the U.S. Securities and Exchange Commission recently rescinding its controversial cryptocurrency accounting guidance, the industry's focus will turn to the potentially significant hurdle to crypto banking posed by the federal banking regulators, say attorneys at Duane Morris.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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What Travis Hill's Vision For FDIC Could Portend For Banks
If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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5 Major Crypto Developments From The Trump Admin So Far
The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.