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Class Action
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August 04, 2025
4th Circ. Says Lead Paint Suit Rightly Returned To State Court
The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.
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August 02, 2025
9th Circ. Backs Limits On ICE Immigration Sweeps In LA
The Ninth Circuit preserved most of a district court's temporary block on the Trump administration making immigration arrests in the Los Angeles area without probable cause, rejecting the government's request for a stay during its appeal.
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August 01, 2025
Meta Illegally Recorded Flo Users' Data, Calif. Jury Finds
A California federal jury Friday found Meta Platforms Inc. liable for violating the state's wiretap law by聽using a data analytics tool to retrieve sensitive health data from users of the popular menstrual tracking app Flo, in what plaintiffs' counsel called "one of the first times" a major tech company has been held accountable for such practices.聽
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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
Manufacturer Seeks To Toss Marijuana Vape Antitrust Suit
The Chinese companies behind cannabis vape brand CCell have urged a California federal court to dismiss a consolidated consumer class action accusing it of orchestrating a price-fixing scheme, accusing the buyers of聽"padding" their amended complaint with "copy-pasted" passages from other, unrelated lawsuits.
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August 01, 2025
3rd Circ. Asked To Revive Amazon Biometric Data Suit
A federal judge erred in tossing class claims accusing Amazon of collecting consumers' voice data without their consent, including by finding that a third-party software company was a "financial institution," the named plaintiffs told the Third Circuit
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August 01, 2025
Tesla Sends Website Users' Data To Google For Ads, Suit Says
Tesla was slapped with a proposed class action in California federal court Thursday alleging it illegally shares its website visitors' information with third parties like Google through the deployment of tracking pixels for data monetization and advertising purposes, without their knowledge or consent.聽
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August 01, 2025
Malibu Boats Inks $7.8M Investor Settlement Over Sales Woes
Powerboat maker Malibu Boats Inc. has agreed to pay $7.8 million as part of a deal to end a proposed investor class action alleging the company pushed one of its key dealers to the brink of bankruptcy by "pump[ing] the dealer full of boats" amid a post-COVID-19 boat business bust.
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August 01, 2025
Azure Power Seeks Final OK Of $23M Investor Deal
Investors of an India-based solar energy company asked a New York federal judge on Friday to grant final approval to a $23 million settlement they reached with the company and its top brass, alleging they misrepresented the company's compliance with anti-corruption and anti-bribery laws, and the methods through which the company won bids for projects.
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August 01, 2025
Nestle Fights Class Cert. In 'Trillion'-Dollar Poland Spring Suit
Nestle Waters North America Inc. has asked a Connecticut federal judge to deny a class certification bid in a lawsuit challenging whether Poland Spring bottled water is real spring water, saying "gerrymandered classes and subclasses" cannot be used to leverage billions or even trillions of dollars in alleged damages.
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August 01, 2025
2nd Circ. Affirms Class Cert. In VRDO Suit Against Banks
The Second Circuit on Friday upheld a lower court order granting class certification to a group of American cities and others that are accusing eight large banks of inflating interest rates on debt securities known as variable rate demand obligations, saying the district court applied the correct legal standard in granting certification.
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August 01, 2025
Rite Aid's $6.8M Data Breach Settlement Gets Final OK
A Pennsylvania federal court has given its final approval to a $6.8 million settlement of data breach claims against now-bankrupt Rite Aid Corp., including $2.4 million in fees for attorneys from Ahdoot & Wolfson PC, Shub Johns & Holbrook LLP, Cotchett Pitre & McCarthy LLP, Laukaitis Law LLC and Hausfeld LLP.
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August 01, 2025
11th Circ. Backs Dismissal Of Luli Fama Swimwear Ad Suit
The Eleventh Circuit affirmed the dismissal of a putative class action against Luli Fama and various social media influencers for failing to disclose the influencers' endorsements of the brand's swimwear products were paid, saying the lower court rightly found the plaintiff failed to allege fraud with the necessary particularity.
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August 01, 2025
Normal Wear Is On Landlord's Dime, Not Renters', Court Says
Massachusetts' highest court on Friday concluded that landlords cannot ding a tenant's security deposit for normal wear and tear like scuffs on walls, nor can they force a tenant to pay for professional cleanings during a moveout.
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August 01, 2025
$34M Milk Price-Fixing Deal Wins Preliminary Approval
A New Mexico federal judge gave an initial OK to two settlements between a class of dairy farmers and two national milk cooperatives dropping price-fixing claims in exchange for $34.4 million and an end to the alleged scheme.
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August 01, 2025
Mich. Cos. Can't Get Atty Fees In Withdrawal Liability Dispute
A Michigan furniture manufacturer and its shipping partner cannot get interest and attorney fees in a dispute with a Teamsters-affiliated pension fund, an Illinois federal judge ruled, finding the fund's bid to increase the amount of money the companies owed was not made in bad faith.
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August 01, 2025
Amazon Customers Seek Massive Class In Antitrust Suit
Consumers urged a Washington federal judge on Friday to certify a class of nearly 300 million in a sweeping antitrust case against Amazon, contending they all paid inflated prices because the e-commerce giant forced an "anti-discount policy" on merchants and monitored marketplace rates to ensure compliance.
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August 01, 2025
4 Argument Sessions Benefits Attys Should Watch In August
The Ninth and Eleventh circuits in August will hear from employers fighting trial court decisions refusing to kick proposed class actions alleging ERISA violations into individual arbitration. Here's a look at four coming oral argument sessions that should be on benefits lawyers' radar.
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August 01, 2025
4 Mass. Rulings You May Have Missed In July
A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.
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August 01, 2025
Steel Workers Want OK Of $1.8M Deal In Inflated Stock Suit
A former employee of Flat Rock Metal and Bar Processing has asked a Michigan federal judge to grant a green light to a $1.8 million settlement in a suit claiming the trustees of the company's employee stock ownership plan allowed the plan to buy $60 million in company stock at an inflated price.
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August 01, 2025
Marriott Affiliate Banquet Workers Claim OT, Break Violations
A Colorado hotel in the Marriott network failed to provide hundreds of banquet servers with rest breaks, leading to unpaid overtime, three workers said in a proposed class and collective action filed in state court.
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August 01, 2025
Hyundai, Kia Can't Get Rehearing On Cities' Car Theft MDL
The Ninth Circuit won't hold an en banc rehearing on an appeal from Hyundai Motors America Inc. and Kia America Inc. seeking to dismiss negligence claims by cities in three of seven states in multidistrict litigation over their alleged failure to install anti-theft technology in millions of vehicles.
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July 31, 2025
Compass Minerals Investors Get Final OK For $48M Deal
A Kansas federal judge on Thursday granted final approval to a $48 million settlement between salt producer Compass Minerals International and investors who claim they were harmed by the company's failure to maintain sufficient production levels at its Canadian mine.
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July 31, 2025
DraftKings' $10M Deal With NFT Buyers Gets Final Green Light
Sports betting giant DraftKings Inc. and purchasers of certain nonfungible tokens it offered have gotten a judge's final sign-off for their $10 million deal ending claims the tokens ran afoul of securities laws.
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July 31, 2025
Flo Settles Privacy Fight Midtrial, Leaving Meta To Face Jury
Flo Health Inc. told a California federal judge Thursday it had reached an agreement to settle claims that its popular menstrual-tracking app illegally shared sensitive health data of millions of women with Meta Platforms Inc. and Google, partially resolving a sweeping privacy case midtrial, and leaving Meta as the sole remaining defendant.
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 Lawyer
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
Lawyers 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 Law.
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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 Lawyer
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.