Counsel for grocery store consumers urged the Ninth Circuit on Tuesday to find they substantially prevailed in their proposed class action challenging Kroger's since-abandoned $24.6 billion bid for Albertsons and are entitled to attorney fees, arguing that the lower court wrongly concluded the case was mooted by other federal actions blocking the merger.
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WEDNESDAY, MAY 20, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Shoppers Seek Fees At 9th Circ. For Kroger, Albertsons Fight

By Dorothy Atkins

Counsel for grocery store consumers urged the Ninth Circuit on Tuesday to find they substantially prevailed in their proposed class action challenging Kroger's since-abandoned $24.6 billion bid for Albertsons and are entitled to attorney fees, arguing that the lower court wrongly concluded the case was mooted by other federal actions blocking the merger.

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Momcozy Hit With Class Action Over Defective Bottle Sterilizer

By Emily Field

Two mothers have hit baby product company Root Technology Ltd. with a proposed class action in New York federal court alleging that the Momcozy brand countertop washer for bottles is defective since the necessary high sterilization temperatures cause plastic parts to break off, creating a choking hazard for infants.

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Revoking Workers' Comp A 'Slippery Slope,' Pa. Justice Says

By P.J. D'Annunzio

A Pennsylvania Supreme Court justice Tuesday warned that cutting off workers' compensation benefits for disregarding a doctor's general health advice, such as not smoking, could be a "slippery slope" that leads to the end of coverage for many across the state.

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States Tell CIT To Reject Gov't's Request To Stay Tariff Ruling

By Dylan Moroses

The federal government's arguments to stay a permanent injunction against the collection of President Donald Trump's temporary global duties for two small businesses and the state of Washington while it appeals the ruling are overblown, a coalition of states told the U.S. Court of International Trade on Tuesday.

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Brief

Vietnamese Plastic Boxes Face Triple-Digit Duty Rate

By Jack McLoone

Imported plastic boxes from Vietnam could be hit with a more than 130% antidumping duty rate after the U.S. Department of Commerce on Tuesday finalized its determination that the products are being sold at less than fair value.

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LITIGATION

Wis. Tribe Says State Misreads 1854 Treaty In Fishing Row

By Crystal Owens

The Lac du Flambeau Band of Lake Superior Chippewa Indians says Wisconsin is misinterpreting tribal regulatory authority in its bid to block the tribe from barring nonmember fishing in 19 lakes within its reservation, telling a federal district court that the state can't prove key elements of its claims.

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Church-Run Farm Fails To Undo Child Labor Ruling

By MJ Koo

A Pennsylvania federal judge refused to reconsider her ruling that a church-run farm violated federal labor law by putting children as young as 12 to work without pay, rejecting its bid to undo nearly $670,000 in back wages.

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PBGC Defends 2nd Denial Of Pension Bailout Bid

By Grace Elletson

The Pension Benefit Guaranty Corp. told a New York federal judge Tuesday that it stands by its denial of a union pension fund's second application for a bailout, a day after the U.S. Supreme Court declined to review a Second Circuit ruling ordering the agency to reassess the request.

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BANKRUPTCY

Food52 Confirms Ch. 11 Liquidation Plan

By Emily Lever

A Delaware bankruptcy judge Tuesday agreed to confirm the Chapter 11 liquidation plan for e-commerce group Food52, trimming a few features of the plan including releases for the debtor and the creditors committee.

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PEOPLE

Spencer Fane Adds GrayRobinson Atty To Food & Bev Team

By Jack Rodgers

A former in-house attorney, who worked for Lyft and the Wine & Spirits Wholesalers of America, has left her most recent role as a GrayRobinson PC attorney to join Spencer Fane LLP's newly launched food and beverage group.

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EXPERT ANALYSIS

What New PFAS Rule Means For Tracking And Disclosure

In the wake of the U.S. Environmental Protection Agency's publication of its rule adding PFHxS-Na to the Toxics Release Inventory, companies should identify this substance in their facilities and supply chains, and prepare for disclosures to both regulators and the public, says Ayodeji Ayolola at Gordon Rees.

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Recent Benchmarking Suits Highlight DOJ Enforcement Risks

The U.S. Department of Justice's recent settlements with RealPage and Agri Stats inform the level of antitrust risk surrounding the use of benchmarking services and suggest an aggressive enforcement approach, particularly with respect to granular data and nonprice data reporting, say attorneys at Axinn.

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Becoming The Biz-Savvy GC That Portfolio Companies Need

Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

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LEGAL INDUSTRY

The 2026 Summer Associates Survey

By Daniela Porat

Law students hoping to land summer associate roles at their dream firms have to start applying earlier and earlier, forcing students to strike a difficult balance between focusing on academics and completing applications. Find out how students navigated the ever-competitive process and which firms topped students’ wish lists in the latest survey from Law360 Pulse.

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2nd Circ. Nixes $900M Suit Against Boies Schiller, Dentons

By Caroline Simson

The Second Circuit Tuesday refused to revive a racketeering lawsuit seeking up to $900 million in damages from Dentons and Boies Schiller Flexner LLP, in which the BigLaw firms were accused of misleading a former client in relation to a deal, and later arbitration, involving Senegal's state-owned energy company.

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Q&A

She Has A Point: Sheppard's Michelle Replogle

By Theresa Schliep

When Michelle Replogle of Sheppard and Nitika Gupta Fiorella of Fish & Richardson PC were opponents in a patent case, Fiorella said, Replogle stood out for her expertise and respect, which she showed to everyone regardless of their experience or whom they represented in the litigation.

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$1.8B IRS Deal Fund 'Not Slush Fund,' Blanche Tells Senators

By Courtney Bublé

Acting Attorney General Todd Blanche argued before a Senate committee on Tuesday that the nearly $1.8 billion settlement fund announced on Monday as part of the president's settlement with the Internal Revenue Service over his leaked tax documents "is not a slush fund."

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Quinn Emanuel Owes More Sanctions In Guardant Fight

By Lauren Berg

Quinn Emanuel and its team representing medical testing company Natera will shoulder further sanctions on top of the $3 million already imposed over the firm's misrepresentations concerning an expert witness in Guardant Health's false advertising case, a California federal judge ruled Tuesday.

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Nelson Mullins Partner Confirmed To SC Federal Bench

By Courtney Bublé

The Senate voted 52-38 on Tuesday to confirm Sheria Clarke, a partner at Nelson Mullins Riley & Scarborough LLP, as a judge for the District of South Carolina.

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Brother May Pay Ex-BigLaw Atty's Legal Fees In Insider Case

By Julie Manganis

A former BigLaw associate charged with orchestrating a sweeping insider trading scheme can have his legal expenses covered by his co-defendant brother if the two waive potential conflicts, a Massachusetts federal magistrate judge said Tuesday.

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Seeborg's Term As Calif. Northern District Chief Judge To End

By Bonnie Eslinger

Chief District Judge Richard Seeborg is expected to conclude his time as the top judge for the Northern District of California in July, according to a spokesperson for the judiciary, to be succeeded by U.S. District Judge Yvonne Gonzalez Rogers.

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Ex-Trader Says Crypto Co.'s Bid For Sanctions Is 'Unfounded'

By Hayley Fowler

A former trader said a cryptocurrency company is using an "unfounded" characterization of his deposition conduct to seek sanctions and lend credence to facts it hasn't otherwise been able to prove in its suit accusing him of usurping $8.1 million in digital assets.

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Promo that reads Law360 Pulse 2026 AI Survey

COMPANIES IN TODAY'S NEWS

Agri Stats Inc.

Albertsons Cos. Inc.

Amazon.com Inc.

Apple Inc.

Basic Fun Inc.

Bimbo Bakeries USA Inc.

Binance Holdings Ltd.

Cerberus Capital Management LP

Churchill Downs Inc.

Flambeau Inc.

Food52 Inc.

George Washington University

Google LLC

Guardant Health Inc.

HTC Corporation

Hostess Brands Inc.

Johnson & Johnson

Kentucky Derby

Major League Baseball Inc.

Major Lindsey & Africa LLC

Microsoft Corp.

Motorola Mobility LLC

Natera Inc.

Occidental Petroleum Corp.

OpenAI OpCo LLC

RealPage Inc.

Roblox Corp.

Samsung Electronics Co. Ltd.

The Kroger Co.

Wegmans Food Markets Inc.

Wine & Spirits Wholesalers of America Inc.

LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Alioto Law Firm

Alston & Bird

Arnold & Porter

Axinn Veltrop

Bayko Prebeg

Boies Schiller

Bryson Harris Suciu & DeMay

Dechert LLP

Dentons

Elman Freiberg

Finnegan

Fish & Richardson

Goodwin Procter

Gordon Rees

GrayRobinson

Hogen Adams

Keller Anderle

Kirkland & Ellis

Latham & Watkins

Looper Goodwine

Margolis Edelstein

Martin G. Weinberg PC

Morgan Lewis

Morrison & Foerster

Nelson Mullins

Pearson Warshaw

Pond Lehocky

Porter Hedges

Quinn Emanuel

Sidley Austin

Spencer Fane

Thomas & Thomas

Thomas Thomas & Hafer

Wilder Pantazis

Winston & Strawn

Womble Bond

Young Conaway

GOVERNMENT AGENCIES IN TODAY'S NEWS

Federal Trade Commission

Internal Revenue Service

International Chamber of Commerce

International Trade Commission

Lac Courte Oreilles Band

Lac du Flambeau Band of Lake Superior Chippewa Indians

Mesa County, Colorado

Oregon Department of Justice

Pennsylvania Supreme Court

Pension Benefit Guaranty Corp.

U.S. Attorney's Office for the District of Massachusetts

U.S. Bankruptcy Court for the District of Delaware

U.S. Consumer Product Safety Commission

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Agriculture

U.S. Department of Commerce

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Interior

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of Minnesota

U.S. District Court for the District of South Carolina

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Western District of Wisconsin

Washington Attorney General's Office