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Class Action
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June 16, 2025
Consolidated SVB Class Action Survives 3 Dismissal Bids
A California federal judge has rejected three bids to dismiss a proposed shareholder class action against Silicon Valley Bank's brass, underwriters and auditor stemming from the bank's 2023 failure, finding the plaintiffs' "well-pleaded" allegations can continue.
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June 16, 2025
4th Circ. Upholds Revival Of Naval Engineers' No-Poach Case
The Fourth Circuit has kept its revival of a no-poach wage-fixing case against some of the nation's biggest warship makers intact, rejecting a petition to rehear the case en banc after a three-judge panel kicked it back to district court last month.
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June 16, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.
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June 16, 2025
Monsanto Ends Roundup Cancer Case With Midtrial Settlement
Monsanto confirmed Monday that it has settled a Texas man's Roundup cancer lawsuit shortly before closing arguments in the trial were set to begin.
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June 16, 2025
VPN Co. Charges Monthly Fee Without Consent, Suit Says
A company that sells virtual private networks and is owned by an Israeli billionaire has been slapped with a lawsuit accusing it of enrolling customers in automatic subscriptions without their permission.
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June 16, 2025
Chancery Taps Lead Counsel For Chemours Disclosures Suit
Schubert Jonckheer & Kolbe and The Brown Âé¶¹´«Ã½ Firm PC got the nod in Delaware's Court of Chancery on Monday to lead a consolidated stockholder derivative suit seeking damages on behalf of Chemours Inc. arising from an alleged $575 million manipulation of company reports over two years.
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June 16, 2025
Apple Can't Duck Renewed ICloud Monopoly Suit
A California federal judge refused Monday to dismiss a proposed class action accusing Apple of maintaining a monopoly by keeping "full-service" cloud storage functionality limited to its own iCloud service while barring third-party cloud storage from accessing all files on iPhones and iPads.
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June 16, 2025
Lowe's Faces Worker Class Claims Over Tobacco Surcharge
Lowe's overcharges its employees for health insurance if they are tobacco users in violation of federal benefits law, according to a proposed class action filed Monday in North Carolina federal court.
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June 16, 2025
Steakhouse Wants Class Unraveled In Tip Credit Suit
A class of tipped servers should be broken up, a steakhouse at the Foxwoods Resort Casino told a Connecticut state court, saying the workers cannot show that they all performed untipped side work that caused them to lose out on wages.
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June 16, 2025
Opendoor Investors Score $39M Deal In Hyped Algorithm Suit
Real estate firm Opendoor Technologies Inc. has agreed to pay $39 million as part of an investor settlement presented to an Arizona federal court for preliminary approval to resolve litigation accusing the company of overhyping its pricing algorithm software.
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June 16, 2025
Live Nation Arbitration Firm Defends Its 'Flexible' Approach
Live Nation's chosen arbitration firm is urging the U.S. Supreme Court to take up the concert giant's bid to force concertgoers into arbitration, arguing its procedures are fair, and it was wrongly dinged for what the Ninth Circuit called "internally inconsistent, poorly drafted" arbitration rules.
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June 16, 2025
Energy Transfer Agrees To $15M Settlement In Pipelines Suit
Energy Transfer and a group of investors have reached a $15 million settlement to resolve a class action claiming the company misled them about its $3 billion Mariner East 2 and Revolution pipeline projects, after a trial date for the case was scratched last month.
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June 16, 2025
HIV, AIDS Patients Denied Class Cert. In CVS Bias Fight
A California federal judge has refused to certify a proposed class of HIV and AIDS patients alleging CVS Pharmacy Inc. violated federal disability bias protections by making their medication harder to access, finding the proposed group failed to meet the commonality standards under federal law.Â
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June 16, 2025
Real Estate Co. Hit With Unwanted-Text Class Action In Ga.
A real estate marketing company and a lead generation business were hit with a proposed class action in Georgia federal court by a woman who alleges they violated the Telephone Consumer Protection Act.
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June 16, 2025
JPMorgan Chase Beats ERISA 401(k) Forfeiture Suit
A California federal judge has tossed a proposed class action claiming JPMorgan Chase & Co. misused 401(k) plan forfeitures to cover its contributions, noting dismissals from other federal courts on similar claims challenging how employers have used the unvested funds.
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June 16, 2025
Feds Say U-Visa Seekers' Class Action Is Moot
U.S. Citizenship and Immigration Services urged a judge not to certify a class claiming unreasonable delays in processing visas for immigrant victims of crime, saying the named plaintiffs' applications for work authorization have already been resolved.
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June 16, 2025
AI Legal Tool Co. Allegedly Misuses Litigants' Names For Ads
A group of litigants from California and Washington has filed a suit against legal technology firm UniCourt Research Inc. in federal court, alleging the company used details about their disparate case to promote its software subscription.
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June 16, 2025
Justices Turn Away Merck's Bone Drug Warning Label Row
The U.S. Supreme Court on Monday rejected Merck Sharp & Dohme Corp.'s request to review a Third Circuit decision that more than 1,000 failure-to-warn claims over its osteoporosis drug Fosamax can continue despite the company's assertion that the litigation is barred by federal law.
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June 13, 2025
Social Media Addiction MDL Judge Picks Bellwether Trial Pool
A California federal judge on Friday narrowed the pool of cases set for the first bellwether trials in sprawling multidistrict litigation by school districts and personal injury plaintiffs over claims social media is addictive, choosing six bellwether school districts in Maryland, Georgia, Kentucky, New Jersey, South Carolina and Arizona.
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June 13, 2025
DOJ Reveals Criminal Antitrust Probe In Fragrance Market
The U.S. Department of Justice said Friday it is investigating potential price-fixing in the fragrance industry and asked a New Jersey federal judge for permission to intervene in litigation accusing fragrance giants of conspiring to reduce competition, saying it needs to protect the criminal investigation.
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June 13, 2025
Luxury Hotels Reject Latest Room Rate-Fixing Claims
Hotel chains and their "benchmarking" software provider are telling an Illinois federal judge that the latest version of a proposed price-fixing class action is no better than the one that got dismissed in March, and that the plaintiff still hasn't alleged that the hotel groups ever communicated with each other.
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June 13, 2025
GM Can't Arbitrate Driver's Transmission Defect Suit
General Motors can't rely on an arbitration clause contained in a purchase agreement between a plaintiff customer and a dealership to arbitrate his claims alleging GM made cars with a defective transmission, after a Michigan federal judge ruled Friday the clause doesn't cover GM, which wasn't a party to the contract.Â
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June 13, 2025
Apple Lets Crypto Fraud Schemes Onto App Store, Suit Says
Apple has been hit with a class action in California federal court alleging it allows fraudulent cryptocurrency trading applications to exist and be available for download on its App Store, causing consumers to become victims of pig butchering and other trading scams.
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June 13, 2025
Health Tech Co. Overstated AI Capabilities, Investor Suit Says
Health technology company Tempus AI Inc. and two of its executives face a shareholder class action over claims the company misrepresented its artificial intelligence capabilities, the value of its contracts and the credibility of certain joint ventures, among other things.Â
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June 13, 2025
Shein Faces Arbitration Push Over Paid Influencer Claims
The Singapore-based owner of fast-fashion retailer Shein has told an Illinois federal judge that a proposed class of consumers must arbitrate their claims accusing the global e-commerce platform of trying to hide that it paid social media influencers to promote its products.
Expert Analysis
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Lessons From Pa. Wiretapping Class Action Dismissal
A recent wiretapping class action in Pennsylvania federal court resulting in the dispositive dismissal of the action provides key insights on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure, say attorneys at Baker Donelson.
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Series
Volunteer Firefighting Makes Me A Better Âé¶¹´«Ã½yer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Influencer Campaign Âé¶¹´«Ã½suits Signal New Endorsement Risks
Recent class actions allege that companies' influencer campaigns violate the Federal Trade Commission's Endorsement Guides and various state laws, but it's not clear whether the failure to comply can sustain these lawsuits, or whether the plaintiffs' creative theory of damages will hold up to scrutiny, says Gonzalo Mon at Kelley Drye.
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Calif. Antitrust Âé¶¹´«Ã½s May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Âé¶¹´«Ã½ School's Missed Lessons: Preparing For Corporate Work
Âé¶¹´«Ã½ school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Âé¶¹´«Ã½yer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoÂé¶¹´«Ã½Group.
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How BigÂé¶¹´«Ã½ Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigÂé¶¹´«Ã½ firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Âé¶¹´«Ã½suits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.