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Class Action
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August 18, 2025
4th Circ. Revives Ethylene Oxide Suit Against Union Carbide
A split Fourth Circuit on Monday revived a West Virginia woman's lawsuit alleging that a Union Carbide Corp.- and Covestro LLC-owned plant exposed nearby residents to ethylene oxide, finding that a lower court erred in siding with the companies.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Fla. Suit Over Atty Access To Detention Center Transferred
A Florida federal judge on Monday transferred a proposed class action lawsuit accusing the government of restricting attorney access to an Everglades immigrant detention center, ruling that the current district isn't proper for the claims against state officials.
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August 18, 2025
Pittsburgh Balks At Developer Joining Inclusive Zoning Fight
The city of Pittsburgh is urging a Pennsylvania federal court to reject a real estate trade association's bid to stop the city from enforcing an inclusionary zoning ordinance, arguing that the trade association is trying to block the ordinance on behalf of a private developer.
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August 18, 2025
GrafTech Investors' Plant Contamination Suit Gets Tossed
An Ohio federal judge threw out a shareholder lawsuit against GrafTech International Ltd. on Monday, ruling that allegations the company hid environmental contamination problems at a Mexican plant amounted to "fraud by hindsight."
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August 18, 2025
Honeywell Defeats Ex-Worker's 401(k) Forfeiture Suit
A New Jersey federal judge tossed a proposed class action Monday alleging Honeywell violated federal benefits law by putting 401(k) forfeitures toward employer-side contribution obligations instead of defraying administrative expenses, finding an ex-worker hadn't backed up claims the spending breached fiduciary duties or caused prohibited transactions.
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August 18, 2025
NFI Agrees To $5.75M Deal To End Misclassification Suit
National Freight has agreed to pay $5.75 million to end an almost 10-year-long suit in which a class of truckers claimed they were misclassified as independent contractors, the workers said, urging a New Jersey federal court to greenlight the deal.
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August 18, 2025
Akero Investor Suit Over Liver Drug Trials Permanently Tossed
A California federal judge has permanently ended Akero Therapeutics investors' proposed class action alleging they were misled about the patient population in the company's liver disease treatment clinical trial, ruling the investors did not "fill-in the logical gaps" she previously identified when dismissing their earlier pleading for failing to plead scienter.聽
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August 18, 2025
Investors Can't Yet Tie Logan Paul To CryptoZoo Claims
A Texas magistrate judge recommended that a proposed class action over Logan Paul's CryptoZoo project should be dismissed, writing that the group hadn't adequately connected the influencer to their claims that they were ripped off when the project failed.
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August 18, 2025
Most Ozempic, Wegovy Claims Survive MDL Dismissal Bid
Eli Lilly & Co. and Novo Nordisk will have to face most of a multidistrict litigation accusing them of misleading consumers over the risks and benefits of popular weight loss drugs like Ozempic and Trulicity, after a Pennsylvania federal judge only trimmed a few of the dozen claims the drugmakers tried to have tossed.
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August 18, 2025
Moore & Van Allen Wants Out Of Floridians' Malpractice Suit
Moore & Van Allen PLLC has asked a Florida federal judge to dismiss a malpractice suit accusing it of mishandling some residents' employee stock ownership trust, claiming that the suit brought against the North Carolina-based firm is being litigated in the wrong venue.
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August 18, 2025
AI Security Co. Reports $15M Settlement With Investors
A Massachusetts-based company whose AI-powered weapons detection product has come under scrutiny by federal regulators over allegedly exaggerated performance claims has reached a $15 million settlement in principle with investors in consolidated proposed class actions, according to a pair of filings.
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August 18, 2025
2nd Circ. Partially Reopens Grocery Chain 401(k) Fee Suit
The Second Circuit partially revived a proposed class action Monday against a Northeastern U.S. grocery chain alleging mismanagement of an employee 401(k) plan, finding a lower court wrongly tossed some allegations in the suit for failure to state a claim.
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August 18, 2025
Nurse Snags Collective Cert. In Missed Meal Breaks Suit
A former registered nurse聽at a North Carolina nursing home聽can proceed as a collective in her suit claiming that a nursing home operator and the nursing facility聽cheated her out of missed meal breaks, a federal judge said, limiting, however, the reach of the collective.
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August 15, 2025
Lee Subscribers Get Final OK For $9.5M Video Privacy Deal
An Iowa federal judge has given final approval to a $9.5 million deal to resolve a proposed class action accusing media company Lee Enterprises of illegally disclosing subscribers' video-viewing information to Meta, finding the agreement adequately addresses risks that both sides would have if litigation were to continue.
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August 15, 2025
Schwab Defends Antitrust Settlement From Iowa AG Objection
The Charles Schwab Corp. has pushed back on objections raised by the Iowa attorney general and others to an investor class action settlement over its merger with TD Ameritrade, saying its plan聽to implement an antitrust compliance program, among other things, "offers real value to the class."聽
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August 15, 2025
Microsoft Unit Agrees To Pay $8.5M In MOVEIt Hack MDL
A Massachusetts federal judge has preliminarily signed off on an $8.5 million settlement reached between聽Nuance Communications and more than 1 million patients in multidistrict litigation over a 2023 malware attack that聽exploited a vulnerability in Progress Software's MOVEIt transfer file tool.聽
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August 15, 2025
Defense Attys Predict Rise In Shareholder Suits, Report Says
Nearly three-quarters of defense attorneys surveyed by high-risk insurance firm Inigo believe there will be an increase in private securities litigation over the next year, especially in the area of artificial intelligence, according to a report released by Inigo.
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August 15, 2025
Post Holdings Sued Over Citric Acid In Pet Food
A California woman is suing Post Holdings Inc. in federal court, alleging that it uses artificially made citric acid as a preservative in its dog food products despite the labels claiming they contain no preservatives.
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August 15, 2025
NY Judge Orders Temu Users To Arbitrate Data Claims
A New York federal judge ordered a group of plaintiffs accusing online bargain app Temu of privacy violations to arbitrate their claims, saying an arbitration agreement in the company's terms is not unconscionable and that an arbitrator must determine the pact's scope.
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August 15, 2025
Judge Tosses GitLab Investors' AI Hype Suit
Software development collaboration platform GitLab has escaped a lawsuit accusing it of overhyping its artificial intelligence technology, but the California federal judge in charge of the case has given shareholders another chance to demonstrate just how the technology allegedly was not up to snuff.
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August 15, 2025
9th Circ. Affirms Dismissal Of Vegas Casino Room Rate Case
The Ninth Circuit rejected an appeal on Friday from guests seeking to revive their antitrust case accusing Las Vegas casino-hotel operators of using a vendor's software to inflate room rates, finding that the pricing service helps the hotels compete.
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August 15, 2025
$111.25M Del. Settlement Proposed For Cencora Opioid Suits
Executives and board members of Cencora Corp. 鈥 formerly AmerisourceBergen 鈥 have tentatively settled for $111.25 million a Delaware Court of Chancery stockholder derivative suit accusing them of taking a "devil may care" attitude toward the illegal distribution of opioid painkillers at the center of a nationwide addiction epidemic.
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August 15, 2025
Charter Hid Losses After FCC Subsidies Ended, Investor Says
Charter Communications has been hit with a proposed shareholder class action alleging it misled investors about its ability to offset internet customer losses after the end of the FCC's pandemic-era Affordable Connectivity Program, which 5 million of Charter's customers used.
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August 15, 2025
Funeral Directors Can Go Forward With Life Insurance Suit
Montana funeral home directors may proceed with their suit claiming they were led down a path of financial ruin when they were advised to place their savings into premium-financed life insurance policies, a federal court ruled.
Expert Analysis
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When Rule 12 Motions Against Class Allegations Succeed
Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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5 Insurance Claims That Could Emerge After NCAA Settlement
Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Class Standing Issues Still Murky After Justices Punt LabCorp
While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school 鈥 especially students who may not see those paths reflected in their daily lives 鈥 not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at聽Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of 鈥淢ade in USA鈥 labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you鈥檙e like me, law school鈥檚 often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots 鈥 and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court鈥檚 newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.