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Class Action
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August 12, 2025
NJ Is Key Battleground In Fight Over Newborn Blood Tests
Newborn blood screening, a cornerstone of modern public health, is the focus of a debate over patient privacy, parental consent and what happens to the samples after initial tests are complete. A New Jersey court recently weighed in.
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August 12, 2025
11th Circ. Wary Of Individual Arbitration Push In ESOP Fight
The Eleventh Circuit on Tuesday appeared unlikely to force individual arbitration of a federal benefits lawsuit alleging that a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, with multiple judges questioning the validity of an arbitration provision in ESOP plan documents.
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August 12, 2025
3 Firms Get $600K In Fees After DialAmerica Data Breach Deal
A Connecticut federal judge has awarded $600,000 in fees to attorneys with three law firms — Markovits Stock & Demarco LLC, Milberg Coleman Bryson Phillips Grossman PLLC and Federman & Sherwood — that secured a settlement worth more than $2.3 million with DialAmerica Marketing Inc. after a data breach.
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August 12, 2025
Morgan & Morgan Wins Bid To Arbitrate Malpractice Claims
A Georgia federal judge has granted Morgan & Morgan's request to send a former client's malpractice claims into arbitration, ruling that an arbitration agreement between the parties is enforceable.
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August 11, 2025
Consumers Say Vape Makers Can't Escape Price-Fixing Suit
Buyers of cannabis vape brand CCell are pushing back on two bids seeking to dismiss their consolidated proposed consumer class action in California federal court accusing the Chinese manufacturers and U.S. distributors of organizing a price-fixing scheme, saying the companies' interpretation of antitrust law creates a legal loophole.
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August 11, 2025
Shepherds' Wage-Fixing Suit Survives Another Dismissal Bid
A Nevada federal court has rejected a ranching association's latest attempt to claim immunity from a proposed class action accusing the association and its members of conspiring to suppress the wages of sheepherders who are working on temporary visas.
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August 11, 2025
Abbott Shakes Suit Over Meta, Google Data Sharing For Now
An Illinois federal judge has tossed a proposed class action accusing Abbott Laboratories of unlawfully sharing website visitors' personal data with Meta and Google, finding that the plaintiffs had failed to adequately allege that the medical device provider divulged any individually identifiable health information.
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August 11, 2025
CRE Fintech Firm Securities Paused For Possible Arbitration
A proposed class action accusing real estate platform CrowdStreet of enabling a $63 million fraud was paused Monday to allow individual arbitration to decide if the investors' claims can proceed.
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August 11, 2025
Deere Tractor Rivals Get Some Safeguards In FTC Case, MDL
An Illinois federal judge has denied a motion by three of Deere & Co.'s competitors that were seeking to block distribution of confidential information they had provided to the Federal Trade Commission in its wind-up to an antitrust suit against Deere, but said he would amend existing confidentiality orders with additional safeguards.
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August 11, 2025
P&G Must Face Claims Of Unsafe Lead Levels In Tampons
A California federal judge has refused to dismiss the bulk of a suit alleging the Proctor & Gamble Co. sold tampons that contained amounts of lead beyond what California allows, saying the latest complaint included enough detail about the testing for the case to move forward.
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August 11, 2025
9th Circ. Says LA Men Have Ammo In Gun Rights Class Action
The Ninth Circuit found Monday that a Los Angeles gun licensing policy that allowed only judges or law enforcement agents to carry concealed weapons was unconstitutional in light of a recent U.S. Supreme Court decision, reviving a proposed class action brought by three men who were arrested for violating the policy.
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August 11, 2025
Amazon Must Reveal Research Funding Info In Antitrust Suits
A Washington federal judge is forcing Amazon to provide a group of consumers with information regarding the company's alleged ties to antitrust researchers, saying the plaintiffs have presented records suggesting it "has communicated with or funded" various academic authors cited by its expert economist in three related cases.
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August 11, 2025
Nike Investors Say Biz Strategy Was 'Ticking Timebomb'
Shareholders suing Nike Inc. over what they say was a failed business strategy responded Monday to a motion to dismiss the proposed class action, arguing that they have 19 confidential witnesses who can prove that the company painted an overly rosy picture of its prospective growth.Â
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August 11, 2025
Catching Up With Delaware's Chancery Court
Nielsen Holdings Ltd. and consumer intelligence spinoff Nielsen Consumer IQ agreed to end their dispute, a sole investor asked the court to name him lead plaintiff in a suit challenging Endeavor's $13 billion take-private deal, and the Chancery Court announced a new, automated case assignment regime. Here's the latest from the Delaware Chancery Court.
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August 11, 2025
FTX Customers Aim To Beef Up Case Against Fenwick & West
New information that has emerged since customers of the now-collapsed cryptocurrency trading platform FTX Trading Ltd. sued Fenwick & West LLP over the firm's alleged role in that collapse justifies updating the complaint against the firm, those customers told a Florida federal court Monday.
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August 11, 2025
Rising Star: Bernstein Litowitz's Thomas James
Thomas James of Bernstein Litowitz Berger & Grossmann LLP has represented numerous classes of investors as they take on corporate misconduct, including winning verdicts worth hundreds of millions of dollars, earning him a spot among the class action practitioners under age 40 honored by Law360 as Rising Stars.
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August 11, 2025
AI Firm Anthropic Can't Get Pause For Early Fair Use Appeal
A California federal judge on Monday denied a request from artificial intelligence firm Anthropic to pause a case over its use of books to train its large language model so it could appeal a ruling saying a jury would decide whether damages were warranted for the company's use of pirated works.
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August 11, 2025
Investors Sue CTO Realty Over Alleged Dividend Deception
A proposed class of shareholders in retail-focused real estate investment trust CTO Realty Growth Inc. filed a lawsuit in Florida federal court claiming the REIT misled them about its financial metrics, the sustainability of dividends and the profitability of an Atlanta mixed-use community.
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August 11, 2025
Suit Alleges Offshore Sportsbook Ignored Opt-Out Requests
A California man filed a proposed class action against the offshore sportsbook MyBookie, saying it bombards him with text messages promoting its various offerings despite his repeated attempts to opt out of the communications.
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August 08, 2025
9th Circ. Grounds Lufthansa Refund Deal On Atty Fee Question
The Ninth Circuit on Friday vacated an order that granted class certification and gave final approval to a $56.6 million settlement reached between Lufthansa and customers in a dispute concerning refunds for flights canceled due to COVID-19, saying a district court's calculation gave class counsel a disproportionate distribution.
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August 08, 2025
3rd Circ. Affirms Toss Of GameStop Website Tracking Suit
The Third Circuit refused to revive a proposed class action accusing GameStop of violating Pennsylvania's wiretap law through its use of third-party software to record website visitors' browsing activities, finding that the plaintiff failed to show that the alleged interception of her non-personal data caused a sufficiently concrete injury.
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August 08, 2025
6th Circ. Revives Dodge Ram Drivers' Emissions Fraud Claims
The Sixth Circuit signaled Friday that federal law doesn't preempt a group of drivers' claims alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed Dodge Ram trucks as being more environmentally friendly than they actually were, punting the dispute back to Michigan federal court.
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August 08, 2025
Boeing Supplier, Investors Reach $29M Deal In 737 Max Suit
Spirit AeroSystems Holdings Inc. reached a $29 million settlement with investors, seeking to resolve a lawsuit accusing the company of failing to disclose pervasive quality problems and a history of supplying its chief customer, The Boeing Co., with defective plane parts.
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August 08, 2025
Urgent Care Operator Must Face Meta Pixel Privacy Claims
A Midwest Express clinic patient can proceed with her lawsuit targeting the urgent care clinic's use of tracking tools including Meta's Pixel to share personal health information with the social media company because she's outlined plausible federal and state privacy violations, an Illinois federal judge has ruled.
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August 08, 2025
BofA Must Face Trust Property Suit, Ga. Judge Says
A Georgia federal judge refused to let Bank of America escape a proposed class action accusing it of overcharging residential trusts for insurance, ruling in part that the named plaintiff can seek damages for his breach of trust claim against the bank.
Expert Analysis
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis
In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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How Ill. Ruling Could Influence Future Data Breach Cases
The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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sa¹ú¼Ê´«Ã½'s Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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How Cos. Can Use Data Clean Rooms To Address Privacy
Implementing comprehensive administrative controls, security processes and vendor management systems are vital steps for businesses leveraging data clean rooms for privacy compliance, especially given the Federal Trade Commission's warnings of complicated user privacy implications, say attorneys at Troutman.