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Consumer Protection
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September 05, 2025
Merck Shakes Off Some Claims From Cholesterol Drugs Suit
A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.
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September 05, 2025
Calif. Tribes Seek Ban On Kalshi's Alleged Sports Gambling
Native American tribes in California are asking a federal court for an injunction that would prevent trading platform Kalshi from offering sports contracts on its lands, arguing Kalshi's advertising is illegal and detracts from the tribes' casinos.
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September 05, 2025
Vein Tech Maker Wants Suit Over DOJ Kickback Probe Tossed
Vein disease device maker Inari Medical Inc. and its former top brass have asked a New York federal judge to toss a proposed investor class action over claims the company's share price fell after it disclosed an investigation into its compliance with federal anti-kickback laws, arguing the suit fails to allege any specific kickbacks or false statements.
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September 05, 2025
DOJ Defends Expert Who Says Agri Stats Helps Hike Prices
The U.S. Department of Justice pushed back on Agri Stats' efforts to strike key testimony from an economist backing Minnesota federal court allegations that turkey, chicken and pork producers "use Agri Stats information to raise prices on customers," arguing the company made "fundamental mistakes" about the analysis.
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September 05, 2025
Casper Can't Escape Innovator-Liability Drug Label Suit
A California federal judge won't let Casper Pharma LLC escape an innovator-liability suit alleging that its failure to provide adequate warnings on its gout treatment led to the death of a man who used its generic version.
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September 05, 2025
Newsmax's 'Shotgun' Antitrust Suit Against Fox Tossed In Fla.
A Florida federal court tossed an antitrust lawsuit against Fox Corp. on Friday, ruling that Newsmax filed a "shotgun pleading" but allowing the broadcaster to refile an amended complaint.
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September 05, 2025
Atty Fees Cut By $20M To $185M In Car Dealer Monopoly Case
A Wisconsin federal judge on Friday awarded $185 million in attorney fees after granting final approval on a $630 million deal to end a Sherman Act class action alleging CDK Global LLC conspired to restrain the market for car dealer manager systems.
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September 05, 2025
SEC Launches Task Force To Fight Cross-Border Fraud
The U.S. Securities and Exchange Commission said Friday that it has formed a new task force to take on cross-border fraud.
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September 05, 2025
Integra Wound Dressing Disfigured Woman's Foot, Suit Says
Integra Lifesciences Corp. is facing a lawsuit in North Carolina federal court alleging the medical device and technology company's recalled wound dressing was defective and ultimately caused a kidney infection in a woman that required multiple surgeries.
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September 05, 2025
Veterans Attack NC Consulting Co.'s Push For Fee Fight Win
A proposed class of veterans accusing a North Carolina business of charging millions of dollars in illegal fees for help with disability claims has asked a federal judge to rule that it violated accreditation requirements.
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September 05, 2025
Collectible Companies Settle Fraudulent Steph Curry Card Suit
A court fight between sports collectibles companies over a Stephen Curry rookie card allegedly sold at a fraudulently high price has been resolved, as the two sides jointly moved to dismiss the case Friday in Texas federal court after reaching a settlement last month.
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September 05, 2025
NY AG Settles Lead Paint Suit With Buffalo Landlord
New York's attorney general, Erie County and the city of Buffalo have reached a proposed settlement with a Buffalo landlord and other parties who were accused of failing to deal with hazardous lead paint in multiple rental properties, according to a proposed consent order and judgment filed Friday.
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September 05, 2025
Fla. Bar Moves To Suspend Atty Accused Of Widespread Scam
The Florida Bar filed a petition Friday seeking the emergency suspension of a lawyer accused of scamming dozens of clients, failing to pay associates and paralegals who worked at his firm and repeatedly violating court orders.
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September 05, 2025
FCC Chief Wants To Let Prisons Jam Contraband Cellphones
The Federal Communications Commission plans to vote this month on a plan to allow state and local prisons to jam the signals of contraband cellphones obtained by prisoners.
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September 05, 2025
Mass. Justices Mull Privacy Issues In Era Of Online Records
Massachusetts' highest court heard arguments Friday in a pair of cases asking the justices to balance the public's right to access court documents against the privacy interests of potential medical malpractice victims and people charged with but later cleared of crimes.
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September 05, 2025
Court Denies Vape Interests' Bid To Halt Wisconsin E-Cig Law
A Wisconsin federal judge on Friday rejected vaping interests' motion to halt enforcement of a new state law banning the sale of e-cigarettes not approved by the U.S. Food and Drug Administration, saying they were unlikely to succeed on claims the law was preempted.
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September 05, 2025
H&R Block User Drops Tax Privacy Suit Over Ad Trackers
An H&R Block user who accused the company, Google and Meta of illegally sharing his private tax information through online marketing tools dropped his proposed class action following federal court orders to arbitrate his claims, according to a filing in a California federal court.
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September 05, 2025
Google, Roblox Beat Gamer's Addiction Suit In Ga., For Now
A Georgia federal judge has dismissed without prejudice a gamer's claims against Google and Roblox that their products caused his addiction to video games, finding the allegations in his more than 200-page-long lawsuit are too broad and vague.
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September 05, 2025
State Farm Says Furnace's Maker Must Pay For Fire Damage
Carrier Global Corp. owes State Farm more than $500,000 paid in connection with a policyholder's house fire because the fire was caused by a defective Carrier Global furnace, the insurer says in a suit removed to North Carolina federal court.Â
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September 05, 2025
EU Fines Google $3.5B For Giving Leg Up To Co.'s Ad Tech
European Union antitrust enforcers hit Google with a €2.95 billion ($3.5 billion) fine Friday for the same conduct targeted by the U.S. Department of Justice's successful monopoly case, intentional efforts to give its advertising placement technology business a leg up over the competition.
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September 04, 2025
NJ Transit Urges Justices To Affirm Its Sovereign Immunity
New Jersey Transit is a sovereign arm of the state of New Jersey and should be immune from out-of-state lawsuits according to U.S. Supreme Court precedent, attorneys for the agency told the justices in a brief filed Thursday.
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September 04, 2025
Texas AG Accuses PowerSchool Of Failing At Data Security
Texas' attorney general has become the latest to sue education technology provider PowerSchool Holdings Inc. over a 2024 data breach, asserting in a new state court lawsuit that the company failed to implement basic data security measure despite promising "state-of-the-art protections" for students' and employees' personal information.Â
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September 04, 2025
9th Circ. Affirms Dismissal Of Google-Apple Antitrust Suit
The Ninth Circuit on Thursday affirmed a lower court's decision dismissing a lawsuit alleging an antitrust conspiracy between Apple and Google over search engine technology, agreeing with the lower court that a restaurant meeting between the companies' CEOs is not sufficient evidence to back up the claims.Â
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September 04, 2025
10th Circ. Ends Huffing Death Product Liability Suit
The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.
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September 04, 2025
Philip Morris Gets Wash. Tobacco Deal Fight Sent To Arbitrator
A Washington state judge has ordered R.J. Reynolds Tobacco Co. to arbitrate rival Philip Morris USA Inc.'s claims that it breached a 2017 deal delineating billions of dollars in annual payments owed to states for Big Tobacco's public health toll by signing a new $277 million agreement with Washington in April.
Expert Analysis
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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New Laws Show How States Are Checking AI Developers
Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.
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What Expanding Merchant Code Regs Mean For Processors
Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Latest Influencer Marketing Class Actions Pinpoint 5 Themes
Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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A Look At Trump Admin's Shifting Strategies To Curtail sa¹ú¼Ê´«Ã½
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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A Look At DOJ's Dropped Case Against Early Crypto Operator
The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.