'Not Going To Keep Doing This,' Judge Warns Epic, Google

By Bonnie Eslinger

A California federal judge Thursday ordered an evidentiary hearing on Epic and Google's latest proposal to revise a court-crafted injunction following Epic's win in an antitrust trial over the Android app marketplace, saying he has concerns and warning the companies that "we're not going to keep" batting proposals back and forth.

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Software Co. Investor Claim Sounds 'Like Fraud,' Judge Says

By Chart Riggall

A Georgia federal judge signaled Thursday that supply chain software firm Manhattan Associates Inc. may have to face a shareholder class action from investors who say they were misled about the company's revenues, remarking that their claim, at least as alleged, "sounds to me like fraud."

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Berkshire Unit Can't Use Broker Fee Deal To Duck Antitrust Suit

By Bryan Koenig

A Missouri federal judge refused Thursday to let a Berkshire Hathaway unit duck an antitrust lawsuit over real estate broker compensation rules, concluding the company cannot use its relationship with subsidiary brokerage HomeServices of America Inc. or a major settlement that HSA struck in a related case.

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Rider Blasts Uber Bid To Admit Atty Ads In NC Bellwether Trial

By Hayley Fowler

Uber should not be allowed to introduce evidence that a rider in North Carolina saw attorney advertisements before she sued the ride-hailing giant claiming she was sexually harassed by her driver, the passenger said, arguing it has "no relevance to any issue" in her upcoming trial.

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Cigna 401(k) Suit Won't Wait For Intel Supreme Court Decision

By Kellie Mejdrich

A Pennsylvania federal court turned down Cigna's bid to stay a proposed class action alleging the insurance company misspent forfeitures from its employee 401(k) plan and offered an underperforming investment fund while the U.S. Supreme Court considers a 401(k) suit against Intel, finding the request unjustified.

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Intel Dodges Class Action Over Pension Benefit Methodology

By Grace Elletson

Intel workers misinterpreted federal benefits law when they accused the company of shorting them on pension benefits by using outdated mortality data to convert payments for single workers to payments for married workers, a California federal judge ruled as he threw out their class action.

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Deloitte Punishes Parents For Taking Leave, Ex-Worker Says

By Hailey Konnath

A former Deloitte employee filed a proposed class action in California federal court on Thursday claiming the consulting giant's performance metrics ultimately shortchange parents who've taken leave, and that that's a problem because compensation is based on those performance metrics.

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DOL Urges 11th Circ. To Scrap ERISA Exhaustion Rule

By Kellie Mejdrich

The U.S. Department of Labor urged the full Eleventh Circuit to overturn precedent making it the only appellate court requiring workers to exhaust administrative remedies before bringing any statutory claims under the Employee Retirement Income Security Act. arguing that the standard is unfair and in conflict with ERISA.

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Brief

Elevance Nurses' Federal OT Suit Sent From NC To Va.

By MJ Koo

A class and collective action accusing insurer Elevance Health of misclassifying its nurses as overtime-exempt has been transferred from North Carolina to Virginia federal court, where the company faces related claims.

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NC Prison Officials Defend Push For Quick Appeal Of Pay Suit

By Benjamin Morse

North Carolina prison officials defended their bid for an immediate appeal of a ruling finding correctional officers may be entitled to pay for all time spent inside prison facilities, rejecting the guards' argument that the court's reliance on a "robust" factual record precludes such an appeal.

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Pest Co. Can't Eradicate Workers' Suit Over Tobacco Fees

By Patrick Hoff

Pest control company Rentokil can't escape a proposed class action alleging it unlawfully charged tobacco users more for health benefits without providing a reasonable way to avoid the fee, with a Pennsylvania federal judge rejecting the company's argument that decade-old regulations were invalid.

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Newark Hit With Class Action Over Missing, Late OT Pay

By George Woolston

Two public works employees for the city of Newark alleged in New Jersey federal court on Thursday that the city's complex overtime approval process results in unpaid, underpaid or late overtime payments.

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Restaurant Slams Sushi Chef's 'Soap Opera' Sanctions Bid

By Benjamin Morse

A Connecticut restaurant urged a federal judge to reject sanctions sought by a sushi chef alleging wage violations, arguing that the plaintiff's counsel has tried to turn a routine deposition dispute into a "soap opera."

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Driven Brands Hit With Investor Suit Over Financial Controls

By Sydney Price

Auto services holding company Driven Brands is facing a proposed class action from a shareholder accusing it of misleading the public about the firm's internal controls over financial reporting, leading to a 30% single-day share price drop when investors learned that results of several quarters were inaccurately reported.

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Stellantis Faces Investor Suit Over EV-Linked Biz Slump

By Sydney Price

Auto distributor Stellantis NV is facing a proposed shareholder class action alleging it concealed the €22.2 billion ($26 billion) financial burden of shifting focus away from battery-powered electric vehicles after experiencing weaker-than-expected demand.

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Sinclair Wants Judge To Rethink Order To Disclose Docs

By Nadia Dreid

Sinclair Broadcast Group is trying to convince an Illinois federal judge that she messed up by commanding it to hand over more than 6,000 documents it claims are attorney-client communications, saying the court's previous ruling "relies on a manifest error of law that will significantly and unfairly prejudice" the company.

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Walmart Sued Over 'Plant-Based' Milk With Additives

By Corey Rothauser

Walmart misrepresents its Bettergoods line of almond, oat and soy milks as "Plant-Based," even though the labeling shows inorganic and synthetic ingredients such as vitamin A palmitate, which "naturally occurs in liver, fish and dairy products ... not plants," a class action by consumers says.

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Drivers Say GM, Bosch Can't Ditch Chevy Cruze Fraud Claims

By Linda Chiem

Drivers told a Michigan federal judge that General Motors and Bosch cannot dodge the remaining fraud claims in long-running litigation alleging the companies deceptively marketed Chevrolet Cruze vehicles as clean vehicles when they were actually outfitted with emissions-cheating software.

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Colo. Co. Failed To Prevent Patient Data Leak, Suit Says

By MJ Koo

A Colorado-based digital health company focused on reversing Type 2 diabetes is facing a proposed class action in federal court alleging it did not protect patients' personal and medical information from a cyberattack in late March that exposed their information to the dark web.

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Ex-Law Officer Urges 4th Circ. To Uphold W.Va. Privacy Law

By Jared Foretek

The plaintiff in a lawsuit accusing data brokers of violating a West Virginia state law barring the dissemination of public officials' addresses and phone numbers defended the law's constitutionality Wednesday, arguing to the Fourth Circuit that it regulates speech "integral" to criminal conduct and shouldn't be subjected to strict scrutiny.

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Debt Relief Provider Accused Of Do Not Call Violations

By Aneeta Mathur-Ashton

A Maryland debt relief services company is facing a proposed class action alleging that it violated the Telephone Consumer Protection Act by contacting people on the National Do Not Call Registry and misrepresenting itself.

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Trade Secrets Suit Is A 'Far-Flung Conspiracy,' Law Firm Says

By Adam Lidgett

A Georgia law firm wants a Nevada federal court to throw out a lawsuit accusing it of stealing trade secrets from litigation lead generator Archetype Capital Partners, calling the whole case "a far-flung conspiracy."

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9th Circ. Axes Kids' 'Sprawling And Speculative' Climate Suit

By Dorothy Atkins

A Ninth Circuit panel affirmed Thursday tossing youths' lawsuit alleging the U.S. Environmental Protection Agency's greenhouse gas "discount" program discriminates against children by favoring present-day consumption over future consumption, finding the kids' "sprawling and speculative causal theory" of alleged environmental harms aren't traceable to the government's policies.

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Merck Beats 295 Zostavax Suits Over Missed Deadlines

By P.J. D'Annunzio

A Pennsylvania federal judge has tossed 295 cases against Merck & Co. Inc. in the multidistrict litigation alleging its Zostavax shingles vaccine caused the disease, with the court reasoning that the plaintiffs' inactivity doomed the cases.

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Clinic Charged Patients For Faulty Mammograms, Suit Claims

By Jonathan Capriel

A West Virginia clinic provided "worthless" mammograms to hundreds of patients for more than two years, according to a proposed class action filed in federal court which seeks refunds and other damages in excess of $5 million.

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Nonprofit Insurer Wants To Seek AstraZeneca Claims Revival

By Bryan Koenig

EmblemHealth asked a Massachusetts federal judge to let it seek First Circuit intervention against a decision that cut in half its proposed class action accusing AstraZeneca unit Alexion of using sham patents to protect blood disorder treatment Soliris from biosimilar rivals.

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NY Group Says ICE Quotas Lead To Warrantless Arrests

By Ganesh Setty

Latino New Yorkers accused the Trump administration of executing an unconstitutional policy of racial profiling and warrantless arrests amid its crackdown on illegal immigrants, telling a New York federal court that underlying the policy is an arrest quota from the top.

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ACLU Says DHS Database Expansion Risks Citizens' Privacy

By Britain Eakin

The American Civil Liberties Union has urged a D.C. federal judge to block the Trump administration's attempt to expand the Systematic Alien Verification for Entitlements system to include voter registration data, warning it will create a centralized surveillance platform.

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Binance Can't Push Investor Suit Into Arbitration

By Katryna Perera

Binance and its former CEO Changpeng Zhao cannot force into arbitration a proposed class action alleging that the crypto trading platform knowingly violated U.S. regulatory requirements by failing to implement an effective anti-money laundering program and offering and selling unregistered securities, a Florida federal judge ruled Thursday.

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Weighing The Practical Implications Of SC Kids' Privacy Law

South Carolina's recently enacted Age-Appropriate Code Design Act includes a unique provision: a private right of action for certain violations, but its practical effect remains uncertain, as courts and litigants grapple with complex questions of standing, causation and the definition of actionable harm, say attorneys at K&L Gates.

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Series

Alpine Skiing Makes Me A Better Lawyer

Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

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DLA Piper Partner Rejects Pregnant Atty's Account Of Firing

By Pete Brush

The DLA Piper partner who fired a pregnant associate said she did so lawfully, telling a Manhattan federal jury her former employee was "in over her head" and disputing that the associate raised pregnancy bias concerns on a termination call.

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6th Circ. Won't Revisit EFAA Ruling Against Adams & Reese

By Patrick Hoff

The Sixth Circuit said it won't reconsider its ruling that a law barring mandatory arbitration of sexual harassment cases kept a former Adams & Reese LLP paralegal's sex harassment and disability bias suit in court, concluding that the firm's objections were already considered.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

The past week in London has seen the owner of an oil tanker stuck in the Strait of Hormuz sued by an energy company and an insurer, law firm Boodle Hatfield LLP and two Serle Court barristers sued by a group of Winston Churchill's great-grandchildren, and Welsh Water hit with a fresh class action over polluted rivers.

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Calif. Atty Avoids Sanctions For Filing Bogus Citations With AI

By Matt Perez

A California attorney has avoided sanctions over his use of artificial intelligence for a filing in a civil rights case, which resulted in false citations.

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Another Gov't Atty From Vt. Joins Stris & Maher's Team

By Jack Rodgers

A former civil chief of the U.S. Attorney's Office for the District of Vermont has joined Stris & Maher LLP's practice as a partner, the firm announced Friday.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Other states might follow the lead of California and break with President Donald Trump's policies in implementing guardrails for state agencies to contract with AI companies. And after three individual indictments last month for selling banned tech to China, Supermicro has hired Munger Tolles & Olson LLP to conduct an independent investigation, assigned its general counsel to lead an internal compliance review, and shaken up its compliance leadership.

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NJ Justices Won't Review Beasley Allen's DQ From Talc Cases

By George Woolston

The New Jersey Supreme Court has declined to review a lower court's order booting the Beasley Allen Law Firm from multicounty litigation in the Garden State over Johnson & Johnson's talcum powder, according to an order made public Friday.

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Conn. Justices Block Agency's Bias Probe Into Atty Licensing

By Brian Steele

Because citizens blocked the legislature from reviewing court decisions when ratifying the state's 1818 constitution, a Connecticut human rights agency has no power to investigate alleged bias in attorney licensing decisions, the Connecticut Supreme Court ruled Friday in a unanimous opinion.

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Airline Worker Asks To Expand Sanctions Row In Bias Case

By Emily Brill

A Southwest Airlines flight attendant who was fired after sending her union's president pictures of aborted fetuses is pushing for additional remedies in a sanctions dispute stemming from her long-running religious discrimination lawsuit against the airline, from which she received $800,000 after winning a jury trial in 2022.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Trump Taps Personal Atty For 2nd Circ.

By Courtney Bublé

President Donald Trump announced on Friday evening he's tapping Matthew Schwartz, his attorney in the New York hush money case, for the U.S. Court of Appeals for the Second Circuit. 

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