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Class Action
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January 27, 2025
Allstate Beats Plan Participants' $70M Poor-Performance Suit
An Illinois federal judge handed Allstate a pretrial win Monday over retirement plan participants' claim that the insurer cost them nearly $70 million by holding on to poor-performing funds, saying the plaintiffs' "apples and oranges" comparisons will not sway a jury in their favor.
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January 27, 2025
HSBC Bankers Fall Short Of Pay Class Cert., Judge Suggests
A New York federal magistrate judge recommended that proposed classes of HSBC Bank personal bankers be denied class certification for allegations that the company shortchanged them on pay in various ways, finding the evidence presented to establish commonality of the claims is full of hearsay.
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January 27, 2025
Attys Secure $967K Fee Award In Magna 401(k) Settlement
Lawyers for Magna International workers will take home nearly a million dollars in attorney fees as part of a $2.9 million class settlement over allegedly flawed investment options and fees in the company's employee retirement plan, after a Michigan federal judge signed off on the fees Monday.
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January 27, 2025
2 Firms Want To Co-Lead Humacyte Investor Suit
Hagens Berman Sobol Shapiro LLP and Pomerantz LLP have asked to co-lead a proposed class of Humacyte Inc. investors alleging that the company failed to disclose quality assurance issues at its manufacturing facilities, which delayed regulatory review for its bioengineered blood vessel product candidate.
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January 27, 2025
Judge Refuses To Stop Amazon Data Suit In Ill. State Court
A Delaware federal judge refused on Monday to block a lawsuit in Illinois state court accusing Amazon Web Services of illegally collecting voice data, saying the Illinois privacy case involves different claims and parties than the federal case, which was dismissed because some plaintiffs lacked standing.
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January 27, 2025
Yen Libor-Rigging Case Lands Before 2nd Circ. Again
Institutional investors urge the Second Circuit to again revive a lawsuit accusing Bank of America, UBS and others of rigging the interbank borrowing rate for Japanese yen, arguing in a brief Monday that a lower court judge dismissed the case on "obviously erroneous grounds with little (if any) supporting analysis."
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January 27, 2025
3rd Circ. Says Class Cert. Won't Work In Junk Fax Suit
Since Fox Rehabilitation Services used "highly individualized methods" to seek consent from the entities it sent faxes to, it would be too difficult for a lawsuit accusing the company of sending unsolicited ads to proceed as a class action, a split Third Circuit panel has ruled.
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January 27, 2025
Gerber, Nestle Sued Over Claims Of Metal In Baby Food
A mother has filed suit against baby food manufacturers, including Gerber Products Co., Beech-Nut Nutrition Co. and Walmart Inc., claiming her child developed autism after consuming their products, which were tainted with heavy metals, and she is seeking to join the larger multidistrict litigation.
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January 27, 2025
Fill-In Nurses, Staffing Agency Strike Deal To End Wage Suit
An agency that provides nurses to hospitals when their employees go on strike reached a deal Monday with 42 nurses who accused the company of stiffing them on wages when they were sent to work at a Kaiser Permanente medical center, a filing in Colorado federal court said.
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January 27, 2025
Justices Won't Review $90M Facebook Privacy Settlement
The U.S. Supreme Court on Monday declined to review a case involving a $90 million settlement for claims Facebook illegally tracked logged-out users' browsing activity, rejecting an argument from an objector who challenged plaintiff service awards and $26.1 million in attorney fees.
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January 27, 2025
Investors Sue Pharma Co. After Cancer Drug Trial Termination
Prostate cancer treatment developer ESSA Pharma Inc. has been hit with a proposed shareholder class action in Wisconsin federal court alleging company shares fell over 70% after the company announced that it was terminating a clinical trial when it discovered its lead product candidate was not as effective as an existing treatment for certain cancer patients.
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January 27, 2025
MGM's $45M Deal To End Data Breach Suits Wins Initial OK
A Nevada federal judge has preliminarily approved MGM Resorts International's $45 million deal — with class counsel seeking up to $13.5 million in fees — to settle consolidated proposed class action litigation alleging that MGM failed to protect 37 million customers' personal information from multiple data breaches in 2019 and 2023.
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January 27, 2025
Walmart Hit With False Ad Suit Over Instant Mac And Cheese
Walmart Inc. was hit with a putative false advertising class action in California federal court by customers who say the retail giant falsely markets its Great Value brand of instant macaroni and cheese products as containing no artificial preservatives and flavors, despite citric acid being part of the ingredients list.
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January 27, 2025
Novo Nordisk's Obesity Drug Study Allegedly Duped Investors
Novo Nordisk was hit with a proposed securities class action in New Jersey federal court Friday, accusing the drugmaker of duping investors about its new weight loss drug CagriSema by failing to disclose that obesity patients were taking different dosages in a clinical study, which allegedly skewed results.
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January 27, 2025
'Guesswork' Dooms Class Cert. In Meta Privacy Antitrust Suit
A California federal judge has refused to certify a class of consumers who say Meta would have to pay users for their data if it didn't lie about privacy safeguards, finding that the motion was undone by the opinions of an economist who cannot get from general economics to market reality.
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January 27, 2025
Multiple Cannabis Cos. Hit With THC Potency Class Actions
A single litigant has filed two proposed consumer class actions in Illinois federal court against cannabis companies, alleging that their wares exceeded lawful levels of psychoactive THC.
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January 27, 2025
Compass Group Illegally Solicits Genetic Info, Suit Says
Food service company Compass Group's U.S. arm has been hit with genetic privacy claims brought by a proposed class in Illinois state court for allegedly requiring job applicants to disclose their personal medical history information during physical examinations.
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January 27, 2025
Pair Of Google Advertisers Must Arbitrate Ad Tech Claims
A New York federal court found that a pair of advertisers will have to arbitrate their claims against Google instead of trying to represent a class in the multidistrict litigation accusing the tech giant of monopolizing key digital advertising technology.
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January 27, 2025
Norfolk Southern Can't Block Expert Testimony On Derailment
A railcar inspector with over 45 years of experience is clear to testify against Norfolk Southern in litigation over the 2023 train derailment and chemical spill in East Palestine, Ohio, a federal judge has ruled, rejecting the rail company's argument that he was not qualified to opine on certain train safety equipment.
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January 27, 2025
High Court Skips Golf Course Investors' Class Cert. Bid
The U.S. Supreme Court on Monday rejected a review petition filed by Chinese investors who wanted class certification for their Ponzi scheme suit against a Chinese citizen accused of misusing the investors' money to buy multiple golf courses and other properties in South Carolina.
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January 27, 2025
Wesco Will Pay $2.25M To End 401(k) Fee Suit
Electrical equipment company Wesco Distribution Inc. will pay $2.25 million to end a proposed class action from employee 401(k) plan participants who alleged their retirement plan was mismanaged, after the Third Circuit had revived the suit in May.
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January 27, 2025
High Court Won't Mull 'Cruel And Unusual' Miss. Voting Ban
The U.S. Supreme Court on Monday declined to hear a challenge to sections of the Mississippi Constitution that permanently bar people convicted of certain felonies from voting and which a federal court of appeals had found violated the Eighth Amendment's prohibitions against "cruel and unusual punishment."
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January 27, 2025
Steel Company's ERISA Suit Booted For Lack Of Specifics
A Florida federal judge dismissed a proposed class action alleging a steel manufacturer loaded its employee 401(k) plan with exorbitant fees and risky investment options, ruling the worker leading the suit needed to provide more information about his efforts to raise concerns to the plan's committee.
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January 27, 2025
Harvard Lecturer Says Monthly Payroll Flouts Wage Law
Harvard University is violating Massachusetts wage law by paying its faculty once a month rather than weekly or biweekly, an instructor alleged in a proposed class action filed in state court.
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January 24, 2025
Deel Blasts Racketeering Suit Over Alleged Money Laundering
Deel Inc. asked a Florida federal judge to permanently end a putative class action alleging it enabled money laundering and facilitated illegal transfers for Surge Capital, which allegedly scammed investors out of $35 million, arguing the plaintiff is trying to pursue liability of "an innocent party for the wrongdoing of another."
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.