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Class Action
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June 06, 2025
Judge Wants DHS To Explain Delay In Following Parole Order
A Massachusetts federal judge Friday demanded answers from the U.S. Department of Homeland Security after a class of immigrants seeking humanitarian parole allowing them to remain in the U.S. reported that their applications are still frozen, despite her recent order that the government resume processing them.
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June 06, 2025
Frito-Lay Sun Chips Not 100% Whole Grain, False Ad Suit Says
Frito-Lay's brand of Sun Chips are deceptively labeled as containing "100% Whole Grain," despite the fact the products contain maltodextrin derived from corn, which is a highly refined grain stripped of important nutrients amid the refining process, alleges a proposed class action filed in California federal court.
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June 06, 2025
Colgate Strikes Deal To End Lengthy Battle Over Pension Pay
Colgate-Palmolive Co. has agreed to settle a long-running class action from pensioners who claimed the company underpaid them $300 million in miscalculated retirement benefits, after the Second Circuit twice knocked down bids from the company to overturn judgments in the workers' favor.
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June 06, 2025
US Steel Says Consultant Data Protected By Privilege
U.S. Steel is fighting subpoenas from neighbors suing the steelmaker over alleged nuisance emissions from its facilities outside Pittsburgh, claiming that recommendations, reports and data from two consultants in the wake of a 2018 fire were covered by various privileges and confidentiality agreements.
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June 06, 2025
Union Pacific Seeks End Of BIPA Case After Late Filings
Union Pacific Railroad Co. claims that it is entitled to an immediate win on claims it violated truck drivers' biometric privacy rights, days after an Illinois federal judge struck the plaintiffs' opposition papers to Union Pacific's summary judgment motion because they missed filing deadlines.
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June 06, 2025
OpenAI CEO Calls NYT's ChatGPT Log Demand 'Inappropriate'
OpenAI CEO Sam Altman and his company have said they intend to appeal a Manhattan federal court order mandating the preservation of ChatGPT logs at the request of The New York Times and other news agencies in ongoing copyright infringement litigation, saying the demand goes too far.
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June 06, 2025
Off The Bench: NASCAR Antitrust Saga, White Sox Transfer
In this week's Off The Bench, an appeals court says聽Michael Jordan's聽auto racing聽team聽cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.
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June 06, 2025
Attys Seek $23M Cut Of $69M UnitedHealth 401(k) Settlement
麻豆传媒yers for a UnitedHealth Group employee who struck a $69 million deal to settle a class action claiming the company mismanaged its 401(k) plan asked a Minnesota federal judge to approve $23 million in attorney fees, arguing the amount aligns with those approved in other cases.
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June 05, 2025
9th Circ. Broadens Test For ERISA Claim Releases
The Ninth Circuit on Thursday reversed a finding that releases signed by two former microchip manufacturer employees bar them from leading a class action over claims the company illegally revoked its severance program, finding that the court should consider whether the company breached its fiduciary duty in obtaining the releases.
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June 05, 2025
Poultry Workers Get Final OK On $398M Wage-Fixing Deals
A Maryland federal judge granted final approval Thursday to settlements worth nearly $400 million for poultry processing workers who claimed that the nation's biggest chicken producers conspired to suppress their wages.
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June 05, 2025
Jeep Maker FCA Can't Send Battery Defect Suit To Arbitration
A Michigan federal judge on Thursday refused to throw out or send to arbitration a proposed class action accusing automaker FCA US LLC of knowingly selling certain electric vehicles with defective batteries, ruling the Stellantis unit hasn't shown that drivers had sufficient notice of arbitration provisions.
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June 05, 2025
Feds Slam 'Flawed' Critique Of Camp Lejeune Water Expert
The U.S. Department of Justice pushed to keep its water quality expert in North Carolina federal court on Wednesday, saying that the Camp Lejeune toxic water plaintiffs' critique of him was "fundamentally flawed" and experts on both sides relied on some of the same science.
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June 05, 2025
Liberty Mutual Must Face Retirement Plan Class Action
Liberty Mutual can't knock out a class action claiming it saddled its employee 401(k) plan with high fees and deficient investment options, a Massachusetts federal judge ruled Thursday, saying workers had demonstrated the company's actions cost them money.
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June 05, 2025
NJ Judge Trims Pool Equipment Maker Shareholder Suit
A New Jersey federal judge has dismissed some claims in a proposed investor class action alleging pool supply company Hayward Holdings Inc. concealed it was struggling with ballooning inventory and lowered demand, but ruled that some of the claims, including the claims against the company's consortium, can continue.
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June 05, 2025
Mich. Judge Trims Property Owners' Foreclosure Surplus Suit
A Michigan federal judge trimmed a proposed class action filed by former property owners who accused Wayne County of wrongfully refusing to pay them surplus proceeds from tax foreclosure sales.
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June 05, 2025
Ga. Real Estate Firm Hit With Suit Over Data Breach
Real estate firm Landmark Properties Inc. has been hit with a proposed class action over a May 2025 data breach that allegedly exposed the personal information of residents and employees.
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June 05, 2025
NJ Justices To Take Look At Boys & Girls Club Abuse Claims
Garden State justices have agreed to hear whether New Jersey courts have jurisdiction over the alleged sexual abuse in the 1970s and '80s by a counselor for the Hudson County chapter of the Boys & Girls Clubs of America, according to a court order.
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June 05, 2025
Colo. Tenant Stuck In Elevator Guards Landlord Neglect Claim
A tenant at a Colorado apartment tower defended purported class claims in federal court against a landlord for charging junk fees, running faulty elevators and otherwise avoiding maintenance after buying the property in 2022.
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June 05, 2025
Auto Co. Workers Say Past Cases Back Class Wage Claims
Six recent decisions back up workers' class and collective聽claims accusing an automobile parts company of shorting them on wages, the former employees told a North Carolina federal court Thursday, saying the cases show they didn't miss their window to bring the allegations.
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June 05, 2025
Spice Co. Hid Lead Levels In Products, Suit Claims
Florida-based Badia Spices sold ground ginger and cinnamon with elevated levels of lead, according to a New York federal lawsuit that leans on laboratory testing conducted by state food safety regulators.
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June 05, 2025
Fired Tesla Worker Drops Class Claims In Favor Of PAGA Case
A Tesla worker booted amid mass layoffs last year told a California federal judge that under a deal struck with the automaker, he'll drop his putative class action wage and notice claims to pursue most of the same causes of action in state court under the Private Attorneys General Act.
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June 05, 2025
Colo. Judge Certifies Cannabis Grower's Class In OT Suit
A Colorado federal judge has certified a collective class action against a cannabis manufacturer accused by one of its ex-employees of skirting state and federal law to avoid paying employees overtime premiums.
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June 05, 2025
CVS Sued Over Health Plan's Tobacco, Spousal Surcharges
A CVS employee brought the pharmacy retailer into California state court Wednesday alleging in a proposed class action it discriminatorily imposes illegal surcharges to its health insurance participants who use tobacco or want to add their spouses to their plans as dependents, in violation of state and federal benefits laws.
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June 05, 2025
Walgreens Says No Standing In Suit Over Tobacco Surcharge
Walgreens is urging an Illinois federal court to throw out a suit from an employee alleging it illegally imposes a tobacco surcharge on employees in its healthcare program, saying the program complies with federal regulations, and the employee has no standing because she declined to participate in the program.
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June 05, 2025
NC Pathology Practice Faces Class Claims Over Data Breach
A North Carolina pathology practice got hit with a proposed class action over a January data breach that allegedly exposed the personal information of 235,000 people to the cybercriminals who exploited what the complaint said were the practice's lacking security measures.
Expert Analysis
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better 麻豆传媒yer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it 鈥 and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games 鈥 but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
麻豆传媒yers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024鈥檚 uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts鈥 resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom 麻豆传媒.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Justices Could Stitch Up ERISA Circuit Split With Cornell Case
In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.
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Series
Playing Rugby Makes Me A Better 麻豆传媒yer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have 鈥渇led鈥 Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.