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Class Action
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June 17, 2025
Healthcare Worker's Wage Collective 'Amorphous,' HCA Says
A respiratory therapist's proposed collective is far too expansive and "amorphous" and is based on scant evidence that HCA Healthcare Inc. illegally manipulated workers' time sheets, the company told a North Carolina federal court, urging it to deny certification.Â
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June 17, 2025
Burford Blasts Interference Claim In Chicken Price-Fix Case
The Illinois federal judge handling consolidated price-fixing litigation against the nation's largest chicken producers should throw out the settlement interference counterclaim Tyson lodged alongside its answer in the case because it is no more than a speculation-based "fishing expedition," litigation funder Burford Capital argued.
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June 17, 2025
Delta Nearing Settlement In Jet Fuel Dumping Class Action
Delta has reached a deal with a group of Los Angeles homeowners to end a lawsuit against the airline after it dumped jet fuel onto their properties, according to a joint notice.
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June 17, 2025
Nationwide Mutual Unit Didn't Pay For Time Spent Booting Up
Nationwide Life and Annuity Insurance failed to pay remote workers for the time they spent booting up and logging into their computers before their scheduled shifts, a proposed class action in California state court claims.
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June 17, 2025
NC University Fights Consolidation Of Sex Misconduct Suits
North Carolina State University told a federal judge it opposes combining two cases from former student-athletes who accuse the school's ex-director of sports medicine of sexual abuse, saying the cases differ too much to be consolidated.
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June 17, 2025
Comerica Says Cardholders Get No Interest On Benefit Cards
Comerica Bank is not permitted to pay interest to recipients of a federal assistance program it helps administer, the bank argued in a bid to toss class claims from enrollees of the benefits card program who allege that the bank improperly kept interest earned on their accounts. Â
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June 17, 2025
BowFlex Recall Burdens Buyers Of 3.7M Dumbbells, Suit Says
A BowFlex buyer is suing the brand's new owner in California federal court, alleging that a recall of defective adjustable dumbbells wrongly leaves out the vast majority of the product's buyers, covering only about 100,000 of the 3.8 million products sold.
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June 17, 2025
PepsiCo Makes Workers Undercount Hours, PAGA Suit Says
PepsiCo instructs hourly paid employees to only document their scheduled hours and not the time they actually spend working, causing workers to lose out on overtime wages and not receive pay for skipped meal breaks, a Private Attorneys General Act suit filed in California state court said.
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June 17, 2025
Former Antitrust Enforcers Launching New Firm
Former enforcers from the Federal Trade Commission and the U.S. Department of Justice launched a new law firm on Tuesday, Simonsen Sussman LLP, to bring cases on behalf of entrepreneurs, small businesses, workers and other victims of anticompetitive practices.
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June 16, 2025
DVD Buyers Must Arbitrate Video Privacy Claims, Judge Says
A California federal judge has found that a putative class action accusing a pair of DVD and video game sellers of unlawfully disclosing online buyers' personal information to Meta belongs in arbitration, finding that while the dispute presents a "close call," the defendants haven't waived their right to compel arbitration.Â
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June 16, 2025
Krispy Kreme Brass Face Investor Suit Over McDonald's Deal
Officers and directors of doughnut chain Krispy Kreme Inc. are facing shareholder derivative claims that they concealed that a partnership with burger chain McDonald's was yielding disappointing results, hurting investors when the company finally conceded that it was facing financial uncertainty in connection with the deal.
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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.
Expert Analysis
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And Now A Word From The Panel: A Rare MDL Petition Off-Day
In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Âé¶¹´«Ã½ firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny
Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.
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Using Federal Forum Provisions To Nix State Securities Cases
A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.
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Series
Playing Poker Makes Me A Better Âé¶¹´«Ã½yer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyÂé¶¹´«Ã½.
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Does R-Squared Have A Role In Event Study Analysis?
With 2024 marking the second consecutive year to experience an increase in securities class action filings, determining the reliability of event study models is of utmost importance, but it's time to reconsider the traditional method of doing so, say analysts at StoneTurn Group.
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.
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Series
Âé¶¹´«Ã½ School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs
In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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$38M Âé¶¹´«Ã½ Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Âé¶¹´«Ã½ Makes Me A Better Âé¶¹´«Ã½yer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Âé¶¹´«Ã½ School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Web Tracking Ruling Signals Potential Broadening Of CCPA
The Northern District of California's recent decision in Shah v. Capital One Financial Corp. is notable, as it signals a potential broadening of the California Consumer Privacy Act's private right of action beyond data breaches to unauthorized, nonbreach disclosures involving the use of now-ubiquitous tracking technologies, say attorneys at Baker Donelson.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Âé¶¹´«Ã½ Group.