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Consumer Protection
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August 26, 2025
Blacklist Suit Blocked By Illegal Biz Ties, Justices Told
LegitScript has asked the U.S. Supreme Court to intervene against the Ninth Circuit's decision to make it face PharmacyChecker.com's antitrust blacklisting claims, arguing the lower court rulings wrongly allow PharmacyChecker to sue to protect a business focused on facilitating the illegal importation of drugs.
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August 26, 2025
4th Circ. Revokes Class Cert. In Progressive Car Valuation Suit
The Fourth Circuit reversed a Progressive Insurance policyholder's class certification win over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, saying that determining whether Progressive breached each insured's policy is a "highly individualized assessment."
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August 26, 2025
2nd Circ. OKs Tossing HR Biz TM Suit Over Ownership Issue
The Second Circuit dismissed Tuesday a trademark infringement lawsuit brought against human resources services provider Rippling by competitor Ripple Analytics, saying a lower court was right to dismiss the case since Ripple's CEO was the actual owner of the trademark at issue, not his company.
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August 26, 2025
HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review
The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.
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August 26, 2025
Cigna Strikes ERISA Ghost Network Suit Settlement Deal
Cigna Health and Life Insurance Co. has agreed to settle a proposed class action alleging the health plan administrator violated federal benefits law by advertising providers as in-network who were out-of-network to participants in employer-sponsored health benefit plans that Cigna administered, according to filings in Illinois federal court.
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August 26, 2025
MAC's Live Video Try-On Tech Violates BIPA, Customer Says
A MAC Cosmetics customer has lodged proposed class biometric privacy claims against the beauty retailer in Illinois state court, claiming the company uses live-video, try-on technology that scans and uses consumers' geometric facial data without informed consent.
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August 26, 2025
1st Circ. Says Insurer Owes No Defense In Eviction Suits
A Liberty Mutual unit has no duty to defend a commercial real estate loan provider in underlying suits over the eviction of residents from a Massachusetts senior care facility, the First Circuit ruled, finding the insurer's denial of coverage to be reasonable.
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August 26, 2025
TikTok Takes State's Addictive App Case To NC Top Court
TikTok and its Chinese parent company are taking the state of North Carolina's lawsuit accusing it of intentionally designing the app to addict young users to the state's highest court after a Business Court judge rejected their early exit bid.
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August 25, 2025
Major Food Cos. Beat Suit Over Selling Kids Addictive Foods
A Pennsylvania federal judge on Monday threw out a suit claiming that The Kraft Heinz Co., Nestle USA, General Mills and other major food companies are aggressively marketing highly addictive, ultra-processed foods to children, ruling that the plaintiff hasn't adequately alleged that he was harmed by the companies' products.
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August 25, 2025
Eli Lilly Settles Feud With Clinics Over TM Infringement
Eli Lilly & Co. has come to terms with two clinics that it sued in Washington federal court for trademark infringement after accusing them of tricking customers into thinking they were buying brand name versions of weight loss medications Mounjaro and Zepbound.
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August 25, 2025
Del. Justices Won't Revive Hunter Biden Defamation Suit
Delaware's highest court on Monday affirmed a lower court's decision to toss defamation claims a computer repair shop owner lodged against Hunter Biden and others over media reports he asserted tied him to Russian disinformation, saying no reasonable person would have concluded that statements he alleged were defamatory concerned him.
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August 25, 2025
'Bring Him In': Judge Blasts Google Atty Over Witness Travel
The California federal judge overseeing a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cellphone users chastised an attorney for the tech giant for allowing a Google employee on the witness list to leave on a trip, ordering the lawyer to "get him on an airplane" and "bring him in."
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August 25, 2025
FTC Says 'Conversational AI' Company Misled Small Businesses
The U.S. Federal Trade Commission on Monday accused artificial intelligence company Air AI Technologies of making deceptive claims about what businesses and entrepreneurs could achieve with its "conversational AI" tool, according to a suit filed in Arizona federal court.
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August 25, 2025
Nationstar Loan Payoff Statement Fees OK'd By Wash. Judge
A Washington federal judge has sided with Nationstar in a proposed class action alleging illegal fees, recognizing the home loan servicer is allowed to charge a "reasonable fee" for expedited delivery of a loan payoff statement upon request.
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August 25, 2025
Meta Has No Grounds To Erase Flo Privacy Verdict, Users Say
Flo app users opposed Meta's bid to overturn a California federal jury verdict that found it liable for using an online tracking tool to unlawfully retrieve sensitive health data users entered into the menstrual tracking app, arguing that the company can't scrap the decision because it doesn't "like" the outcome.
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August 25, 2025
Kraft Sued Over Oscar Mayer Turkey Bacon Listeria Recall
A Kraft Heinz customer has filed a proposed class action in Florida federal court amid the company's recent recall of more than 367,000 pounds of Oscar Mayer brand of turkey bacon due to possible listeria contamination, claiming the company failed to disclose on its packaging that the products may be contaminated.
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August 25, 2025
DOJ Antitrust Whistleblowers May Find Ally At The Post Office
The U.S. Department of Justice's new whistleblower program brings the Antitrust Division in line with other programs across the DOJ and at other agencies, although it may have a particularly broad scope thanks to a unique partnership with the U.S. Postal Service.
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August 25, 2025
Washington Judge OKs Tenant Class Challenging Lease Terms
A Washington federal judge certified a class of Washington tenants accusing a landlord for more than 700 U.S. residential properties of having lease provisions, such as service fees, that violate state law.
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August 25, 2025
SeatGeek Shares Users' Info With TikTok And Meta, Suit Says
A SeatGeek customer filed a proposed class action in California federal court alleging the ticketing platform is violating the state's "trap and trace" law by using tracking software tools created by TikTok and Meta to gather the personal data of SeatGeek's website visitors without consent for targeted advertising purposes.
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August 25, 2025
Shipbuilder Fights Subpoena In Baltimore Bridge Collapse
A South Korean shipbuilding giant said it has no ties to Pennsylvania and shouldn't be forced to appear for depositions in connection with a case brought by the Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse last year.
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August 25, 2025
Epic Says Google Ought To Pay Up For Play Store Fight
While Google is busy appealing a ruling mandating that it open up its Play store, Epic Games isn't waiting to ask a California federal judge to order the technology titan to pay the $180 million in legal bills it racked up over the course of the five-year court battle.
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August 25, 2025
NC Woman Says Starbucks' Lid Design Led To Severe Burns
A North Carolina woman has claimed she suffered "severe burns" and permanent scarring when her Starbucks coffee lid "popped off without warning," spilling a hot Americano onto her lap, according to a product liability lawsuit recently removed to federal court.
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August 25, 2025
Ticket Resellers Flag Case Challenging FTC's Bots Probe
Ticket brokers accused by the Federal Trade Commission of bypassing Ticketmaster limits to buy and resell hundreds of thousands of concert tickets, including for the Taylor Swift Eras Tour, have a previously pending case that seeks to block the agency's enforcement action.
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August 25, 2025
DOJ Wants $10.5M From Convicted Nursing Exec For Fraud
U.S. Department of Justice prosecutors asked a Nevada federal judge Friday for a $10.5 million preliminary forfeiture order against a nurse staffing executive convicted of wage-fixing, an amount that matches what he was paid for his staffing company after deceiving the buyer into thinking there was no criminal antitrust investigation.
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August 25, 2025
X Sues Apple, OpenAI For Cutting 'Anticompetitive' Deal
Billionaire Elon Musk on Monday made good on a promise that his artificial intelligence venture xAI would lodge an antitrust suit against Apple Inc. and OpenAI Inc. to target the companies' deal that integrated ChatGPT into the iPhone operating system, telling a Texas federal judge the arrangement stifles competition.
Expert Analysis
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Fla. Condo Law Fix Clarifies Control Of Common Areas
Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.