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Class Action
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February 10, 2025
Verizon Escapes Workers' Suit Over Lead-Covered Cables
A Pennsylvania federal judge threw out a lawsuit filed on behalf of utility workers alleging Verizon endangered them by failing to properly dispose of lead-covered cables on telephone poles, ruling that allegations of suffering common ailments were not enough to support a class action.
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February 10, 2025
Trump Administration Sued Over Passport Sex Designations
A group of transgender and nonbinary people sued the Trump administration over an executive order that directed the U.S. Department of State to issue passports showing their sex assigned at birth, claiming the policy is one example of the administration's "longstanding animus against transgender people."
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February 10, 2025
Charter Used Forfeited 401(k) Funds For Itself, Suit Says
Charter Communications Inc. cost participants in its $7.9 billion 401(k) plan millions of dollars by using funds forfeited by ex-workers to cover its own contributions to the plan rather than administrative expenses, according to a proposed class action filed in Missouri federal court.
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February 10, 2025
9th Circ. Tosses Slack Investor Suit After High Court Battle
The Ninth Circuit on Monday released Slack Technologies Inc. from an investor dispute that was previously ruled on by the U.S. Supreme Court, with the circuit court going a step further than the high court in ruling that none of the suing investors' claims were salvageable due to the unique way that Slack went public.
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February 10, 2025
Tennis Players Bid For Class Cert. In NCAA Prize-Money Feud
Two athletes challenging NCAA rules curbing college tennis players' ability to accept prize money in outside tournaments have asked a North Carolina federal judge to certify a class of potentially thousands of players, stressing the sweeping impact of the association's restrictions.
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February 10, 2025
Sheriff's Office Must Face Workers' Wage Payment Suit
A North Carolina federal judge refused to throw out a wage and hour class action that detention center employees lodged against a sheriff's office, adopting a magistrate judge's finding that the case should head to a jury after none of the parties objected to his opinion.
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February 07, 2025
3 Firms Seek To Co-Lead Suits Over Banks' Synapse Ties
Attorneys from three firms are seeking to represent fintech customers in consolidated class claims in Colorado federal court against several banks over $85 million in funds that went missing after the failure of fintech-to-bank middleman company Synapse Financial.
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February 07, 2025
Rocket Mortgagors Say New Judge Tilted 4th Circ. Decision
Borrowers who accused Rocket Mortgage of inflating their home values have asked the full Fourth Circuit to reconsider a panel ruling that reversed their class certification, arguing that the panel only reversed course from its previous ruling because a federal judge, sitting by designation, joined the panel the second time around.
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February 07, 2025
70 Depo-Provera Suits Joined In Florida's Northern District
The U.S. Judicial Panel on Multidistrict Litigation on Friday consolidated more than 70 consumer lawsuits claiming that Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera in the Northern District of Florida.
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February 07, 2025
9th Circ. Judge Doubts Justices' FLSA Test Fits Cracker Barrel
A Ninth Circuit judge was skeptical Friday of Cracker Barrel's bid to upend an order granting servers collective status based on the U.S. Supreme Court's recent ruling that Fair Labor Standards Act exemptions don't warrant heightened evidence standards, telling counsel the justices' conclusion "doesn't seem like a tight fit" for this case.
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February 07, 2025
Amazon Beats 'Flawed' Suit Over Prime Video Ads, For Now
A Washington federal judge Friday tossed a putative class action over Amazon's recent introduction of commercials on its Prime Video streaming service, saying the lawsuit rests on a "flawed premise" that subscribers ever purchased an ad-free viewing package.
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February 07, 2025
Maxeon Investors Push To Keep Exchange Act Suit Alive
The lead plaintiff in a proposed class action against Maxeon Solar Technologies Ltd. urged a California federal judge to reject the company's bid to escape the suit as well as its "fanciful" explanations for a two-day stock plunge that harmed shareholders.
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February 07, 2025
Jury Awards Players $25M In High 5 Mobile Gambling Case
A Washington federal jury on Friday awarded nearly $25 million to a class of players who said they were injured by game developer High 5 Games' social casino-style mobile apps that targeted gambling addicts as "whales."
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February 07, 2025
Judge OKs $2.7M In Atty Fees From $23M FBI Sex Bias Deal
A D.C. federal judge on Friday approved $2.7 million in fees for attorneys representing a class of women accusing the Federal Bureau of Investigation of holding them to sexist double standards, part of a $22.6 million settlement resolving the lawsuit.
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February 07, 2025
Coinbase Can't Yet Escape Class Claims Over Crypto Sales
Coinbase users can move forward with class claims that the cryptocurrency firm operated as an unregistered securities exchange after a New York federal judge ruled Friday that the Second Circuit prevented him from shuttering the case without first determining whether Coinbase was the seller of the tokens trading on its platform.
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February 07, 2025
Teamsters Pension Plan Overseers Skirt Mismanagement Suit
The caretakers of a Teamsters pension plan dodged a mismanagement lawsuit Friday, with a New York federal judge dismissing the plan participants' claims that the plan's trustees and advisers greenlighted risky investment decisions and hefty plan management fees.
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February 07, 2025
Wealth Firm Latest To Be Sued Over Cash Sweep Program
Wealth management firm Osaic is the latest financial institution to face proposed class action claims over its alleged "dramatic underpayment" of interest to customers participating in its cash sweeps programs.
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February 07, 2025
Laughing Gas Makers, Vape Shops Hit With Class Suit
Several manufacturers of nitrous oxide, or "laughing gas," and seven Orlando-area smoke shops were hit with a proposed class suit on Thursday claiming their manufacturing, marketing and sales practices have contributed to a public health crisis and the death of a Florida woman.
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February 07, 2025
Off The Bench: Trump Bans Trans Athletes, NCAA Falls In Line
In this week's Off The Bench, the NCAA changes course to accommodate a presidential ban on transgender women athletes, Shohei Ohtani's former interpreter is sentenced for his gambling-driven embezzlement, and women's soccer players get restitution for abuse at the hands of their coaches and teams.
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February 07, 2025
Meta's $725M Deal Downplays Potential Liability, 9th Circ. Told
A group of objectors urged the Ninth Circuit on Friday to vacate Meta Platform Inc.'s $725 million settlement resolving privacy claims over the Cambridge Analytica data harvesting scandal, arguing the trial judge failed to fully consider the minimum $250 billion statutory damages award that could have been awarded if class counsel won at trial.
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February 07, 2025
SoCal Edison Says Its Equipment May Have Caused Hurst Fire
Southern California Edison told a state energy regulator that it believes its utility equipment might have ignited last month's Hurst Fire in northern Los Angeles County, but it's still investigating the cause of the area's far more destructive Eaton Fire.
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February 07, 2025
Insurers Say Meta MDL Row Should Be In Del. State Court
Coverage litigation with Meta over underlying claims that it deliberately designed its platforms to be addictive to adolescents ought to take place in Delaware state court, units of Chubb and Hartford told a Delaware federal court, arguing the court need only examine the fact that Meta is a Delaware citizen.
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February 07, 2025
Chicago Hospital Network Inks $850K Retirement Suit Deal
A Chicago-area hospital system will pay $850,000 to settle an ex-worker's proposed class action alleging it violated federal benefits law by failing to leverage the size of its $1.8 billion employee retirement plan to lower recordkeeping fees, according to filings Friday in Illinois federal court.
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February 07, 2025
Plaintiffs Lawyers Swarm Los Angeles Post-Fires
A deadly wildfire may be among the first covered by a new state fund that reimburses at-fault utility companies. This could mean billions of dollars for plaintiffs lawyers, and, if past fires are any indication, frustration and confusion for some victims.
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February 07, 2025
Applicant Seeks Group Status For Workday Age Bias Claim
A spurned job applicant urged a California federal court to confer collective action status on his claim that Workday's automated hiring tools violate federal age discrimination law, saying the artificial intelligence platform's similar treatment of older job seekers was enough to warrant representative status.
Expert Analysis
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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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 — 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 — 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.