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Class Action
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July 30, 2025
3rd Circ. Won't Upend Investors' Class Cert. In J&J Talc Suit
A split Third Circuit on Wednesday upheld a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, finding the lower court did not err in concluding that common issues predominate in the suit.
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July 30, 2025
Flo Likely To Get Health Privacy Claim Tossed In Meta Case
The California federal judge overseeing a trial on allegations that Flo Health and Meta Platforms Inc. violated the privacy of millions of women who used Flo's period tracker app said Wednesday he'd likely toss the California Confidentiality of Medical Information Act claim, saying the lack of evidence is an "unsurmountable" problem.
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July 30, 2025
Honest Co.'s $27.5M Investor Deal Gets Final OK
An investor class action against The Honest Co. Inc., the "clean lifestyle" brand founded by actress Jessica Alba, has gotten a final nod for a $27.5 million deal to end claims that the company did not disclose certain negative business trends ahead of its 2021 initial public offering.
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July 30, 2025
Iowa Slams Schwab's 'Amorphous' Antitrust Compliance Deal
The state of Iowa is among a slew of objectors to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program to resolve an investor class action stemming from its merger with TD Ameritrade, arguing the deal is unfair and completely fails to remedy the investors' harm.
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July 30, 2025
11th Circ. Revives Ga. Atty's Race Bias Suit Against State Bar
The Eleventh Circuit has revived a Georgia attorney's suit accusing the state's bar association of racial bias, finding that a district court wrongly dismissed the case for lack of jurisdiction.
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July 30, 2025
State Farm Ordered To Pay $54.6M Over Vehicle Valuations
State Farm must pay more than $54.6 million across two class actions for underpaying the value of totaled vehicles via a "typical negotiation" deduction, a Washington federal court ruled, noting the plaintiffs provided "undisputed" evidence that State Farm violated the state's Consumer Protection Act.
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July 30, 2025
Cash App Parent's $12.5M Spam Text Settlement Gets 1st OK
A Washington federal judge has granted preliminary approval to Cash App parent Block Inc.'s $12.5 million class action settlement with customers who alleged they were bombarded with "annoying and harassing spam texts" from the company.Â
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July 30, 2025
TMX Customers Seek Final OK Of $42M Data Breach Suit Deal
Customers of the title loan and payday lender TMX Finance have asked a Georgia federal judge to grant final approval of their $42 million settlement of claims arising from a data breach that affected an estimated 4.8 million people.
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July 30, 2025
CVS Can't Arbitrate RICO Suit Over Alleged 'No Generic' Policy
CVS effectively forfeited its arbitration rights in proposed class action litigation accusing it of conspiring to block Medicare beneficiaries from accessing generic versions of prescription drugs, a Pennsylvania federal judge ruled in denying the company's bid to enforce an arbitration agreement.
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July 30, 2025
AMC's Status As Movie Theater Sinks Video Data Privacy Suit
A Kansas federal judge has tossed a proposed class action accusing AMC Entertainment Holdings Inc. of unlawfully sharing website visitors' data with Facebook, agreeing with the Ninth Circuit and several district courts that have found that movie theaters aren't covered by the Video Privacy Protection Act.Â
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July 30, 2025
Cinemark Calls Suit Alleging Exaggerated Beer Size Meritless
Cinemark USA Inc. asked a Texas federal court to toss a proposed class action alleging that the movie theater company ripped off thirsty moviegoers by advertising 24-ounce beer cups that in reality only contained 22 ounces, saying the plaintiff failed to allege damages over $5 million.
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July 30, 2025
Blue Bell Class Seeks Settlement Records In Derivative Suit
Attorneys for a Blue Bell Creameries USA Inc. stockholder class sought a Delaware Court of Chancery order compelling access to records concerning a $60 million settlement of liability claims after a deadly ice cream contamination incident in 2015.
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July 30, 2025
'Scattershot' Privacy Suit Over Gap Email Tracking Gets Nixed
A California federal judge has tossed a proposed class action alleging that Gap Inc. invaded consumers' privacy by using third-party tracking technology in its marketing emails, criticizing the plaintiff's "continuously shapeshifting" theories of liability and saying he "expects more from counsel than the scattershot and vague assertions presented here."
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July 30, 2025
UFC Fighters Seek Penalty For Discovery Delays In Wage Spat
Fighters suing UFC over allegations of wage suppression have asked a Nevada federal judge to impose terminating sanctions on the organization and its parent company, TKO Operating Co. LLC, for failing to turn over court-ordered documents.
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July 30, 2025
ImmunityBio Investors Nab Initial OK On Derivative Suit Deal
A California federal judge has granted initial approval to a deal ending derivative claims that ImmunityBio executives failed to disclose manufacturing deficiencies that doomed the company's lead cancer drug application.
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July 30, 2025
TD Bank Can't Beat Suit Over $3B AML Fine, Investors Say
TD Bank investors have urged a New York federal judge not to toss their class action over stock price drops the Canadian bank suffered after U.S. authorities announced a $3 billion settlement covering anti-money laundering compliance failures, saying it is undisputed that TD "vastly underinvested in AML compliance efforts" for over a decade.
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July 30, 2025
11th Circ. Considers If TCPA's Fax Provisions Are 'Procedural'
A doctor who sued two medical providers for allegedly sending more than 14,000 unsolicited fax advertisements in 2022 urged the Eleventh Circuit to overturn a district court's denial of class certification, arguing the lower court wrongly found users of online fax services lack standing to sue under the Telephone Consumer Protection Act.Â
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July 30, 2025
Senate Panel Advances 2 Bipartisan Bills Boosting ESOPs
A key Senate panel advanced two bills Wednesday that would change federal benefits law related to employee stock ownership plans, or ESOPs, by providing businesses additional legal cover when they make company stock valuations and by adding ESOP representatives to a federal advisory board.
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July 30, 2025
Amazon Denied 'Mini-Trial' Against Shoppers' Proposed Class
A Washington state federal judge summarily refused Wednesday to let Amazon interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, finding that the proposal for evidentiary hearing, with cross-examination, is unneeded.
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July 30, 2025
Moncler Faces Don-Doff PAGA Suit
A former Moncler employee has slapped the luxury fashion brand with a Private Attorneys General Act suit in California state court, claiming it shorted them by not paying for time spent getting into and out of uniforms and undergoing bag checks before starting their shifts.
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July 30, 2025
Database Administrator Was Employee, Court Told
A former database administrator was misclassified as an independent contractor, he alleged in a proposed class and collective action in New York federal court against companies including Express Scripts and Cigna, saying he was effectively an employee.
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July 30, 2025
Housing Groups Want $30M Grant Case Kept In District Court
A coalition of housing advocacy groups challenging the termination of $30 million in federal antidiscrimination grants asked the First Circuit on Wednesday to let the Massachusetts federal district court keep jurisdiction over the case, if only to keep it alive long enough to figure out next steps.
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July 30, 2025
Calif. Residents Urge Justices To Take Up Jury Trial Question
A group of Humboldt County, California, property owners is urging the U.S. Supreme Court to take up the group's appeal over the dismissal of its Seventh Amendment claim for a jury trial in a suit against the county alleging the county wrongly targeted the owners for illegal cannabis growth, saying the justices should reject the county's argument that the question is not ripe.
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July 30, 2025
Former NASCAR Employee Sues Over Data Breach
A former NASCAR employee is spearheading a proposed class action against the racing organization in Florida federal court over its failure to prevent a data breach that saw the theft of sensitive user information.
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July 30, 2025
AI, Crypto Securities Class Actions On The Rise, Report Says
The filing of new securities class actions has remained steady during the first half of 2025, but investor suits related to artificial intelligence and cryptocurrency are on pace to increase, according to a Cornerstone Research report released Wednesday, signaling the recent rapid growth of both industries.
Editor's Picks
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NFL Seeks To End Race-Based Concussion Tests After Outcry
The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.
Expert Analysis
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And Now A Word From The Panel: Back In Action
A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Lessons On Parallel Settlements From Vanguard Class Action
A Pennsylvania federal judge’s unexpected denial of a proposed $40 million settlement of an investor class action against Vanguard highlights key factors parties should consider when settlement involves both regulators and civil plaintiffs, say attorneys at Ropes & Gray.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Rule 23 Class Certification Matters In Settlements, Too
The U.S. Supreme Court's recent ruling in Trump v. CASA Inc. highlighted requirements for certifying classes for litigation in federal court, but counsel must also understand how Rule 23 of the Federal Rules of Civil Procedure may affect certifying classes for settlement purposes, say attorneys at Sidley.
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Anthropic Ruling Creates Fair Use Framework For AI Training
A California federal court’s recent ruling that Anthropic’s use of copyrighted books to train its large language model qualified as fair use provides important guidance for both artificial intelligence developers and copyright holders because it distinguishes between transformative uses and unauthorized uses involving pirated or format-shifted works, say attorneys at Ropes & Gray.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Ultra-Processed Food Claims Rely On Unproven Science
Plaintiffs' arguments that ultra-processed foods are responsible for the nationwide increase in certain chronic illnesses, though a novel approach to food-based personal injury claims, depend on theories that are still being tested, say attorneys at DLA Piper.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.