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Class Action
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December 04, 2024
Target Can't Escape Investors' Pride Month Merch Suit
Target Corp. cannot escape claims alleging customer backlash over its 2023 LGBTQ-focused marketing campaign caused the retail giant's sales and stock price to decline, a Florida federal judge ruled Wednesday, finding that the investors have plausibly pled Target made misleading warnings about the risk of customer boycotts.
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December 04, 2024
'Side Deal' Unlikely To Ax Fees In $10M Morgan Stanley Deal
A California federal judge said Wednesday he isn't inclined to strip counsel who negotiated Morgan Stanley's $10 million deal with its financial advisers of their fees over an abandoned "side deal" between the company and the lead plaintiff, saying it should have been disclosed but didn't impact the deal's fairness.
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December 04, 2024
Separated Migrants Say ICE Contractor Can't Claim Immunity
A father and son seeking to hold transportation services provider MVM Inc. responsible for its role in a Trump-era policy that separated them and thousands of other immigrant family members are hitting back against the company's bid to duck their class action claims.
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December 04, 2024
Quaker Beats 'Simply Granola' False Ad Suit, For Now
An Illinois federal judge has freed the Quaker Oats Company from a putative class action alleging it deceived consumers into believing its "Simply Granola" product contained only oats, honey, raisins and almonds, saying no reasonable consumer would conclude those were the only ingredients based on the products' label.
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December 04, 2024
Keesal Young Sued Over Data Breach Affecting 316K People
Law firm Keesal Young & Logan failed to secure Social Security and passport numbers, medical information and other sensitive personal information of over 316,000 people and waited more than five months to inform potential victims of the data breach, a proposed class action filed Tuesday in California federal court alleges.
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December 04, 2024
Novartis Fails To Stop Generic Drug Release At Fed. Circ.
Novartis could not persuade Federal Circuit judges to grant an injunction Wednesday protecting its blockbuster heart failure medication from facing generic competition, with the appeals court backing a Delaware federal judge's opinion that it was unlikely that one of the generic drug's ingredients is "amorphous."
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December 04, 2024
9th Circ. Mulls Waiting To Weigh In On Amazon Suicide Suit
A Ninth Circuit panel Wednesday appeared open to waiting for the Washington Supreme Court to clarify the state's duty-to-warn statute before deciding whether to revive allegations Amazon.com negligently sold chemicals used in suicides while one judge observed that Amazon created an algorithm that recommended lethal product-mixes, "so it's intentional."
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December 04, 2024
NY Judge Says ICE Must Open Files Over 'No Release' Policy
A New York federal judge has ordered the U.S. government to produce files on eight noncitizens that the New York Civil Liberties Union says show the government is breaking its promise to stop preventing people suspected of civil immigration offenses from posting bail.
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December 04, 2024
Boeing, Spirit Say Flyers Can't Forum-Shop 737 Blowout Suit
Boeing, Spirit AeroSystems and Alaska Airlines have blasted an attempt by passengers to redo their suit over January's 737 Max 9 door plug blowout, saying the plaintiffs are improperly forum-shopping when their case is set for a consolidated bench trial in Washington federal court.
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December 04, 2024
Starbucks Brass Face Derivative Suit Over 'Reinvention' Flop
Officers and directors of coffee chain Starbucks are facing shareholder derivative claims over the company's so-called Triple Shot Reinvention strategy after the company disappointed the markets in April with updates about the plan.
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December 04, 2024
9th Circ. Open To Reviving Wash. Profs' Email Privacy Suit
A Ninth Circuit panel on Wednesday expressed support for two University of Washington professors who allege their constitutional rights were violated by a state ethics board probe of their emails, with one judge saying he was troubled by the state's contention the professors' claims were merely speculative.
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December 04, 2024
Chase Will Settle Calif. Atty's Mortgage Rate-Lock Suit
JPMorgan Chase Bank NA has reached a tentative, individual settlement with an attorney suing it for allegedly gouging him and other borrowers with sham mortgage rate-lock deals, heading off a potential class action.
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December 04, 2024
Uber Investors' Attys Awarded $58M In $200M IPO Suit Deal
A California federal judge granted final approval Wednesday to Uber's $200 million deal settling class claims from investors accusing it of making false and misleading statements ahead of its initial public offering, and also awarded $58 million for attorney fees that he called quite "substantial" but "warranted."
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December 04, 2024
Amazon Held To Prior Fights, Ongoing Rules In Antitrust Row
Amazon.com Inc. can't duck updated consumer antitrust suits because it failed to raise some arguments against prior iterations and because plaintiffs adequately alleged substantial, ongoing anticompetitive conduct and effects from rules punishing sellers who offer their goods cheaper elsewhere, according to a decision unsealed in Washington federal court.
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December 04, 2024
Atlas Real Estate Biz Gets Initial OK On Data Breach Deal
A Colorado federal judge on Tuesday gave preliminary approval to a settlement between roughly 4,500 victims of a data breach and a real estate company that would see each proposed class member receive up to $5,000 in compensation.
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December 04, 2024
Columbia Univ., Publisher Face Suit Over Reading Program
Columbia University Teachers College and the creators and publishers of two widely used reading instructional programs have ignored concerns about their effectiveness for years, leaving many children functionally illiterate, a proposed class action filed Wednesday in Massachusetts state court alleges.
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December 04, 2024
Ft. Lauderdale Agrees To $1.97M Deal With Floyd Protester
Fort Lauderdale, Florida, has agreed to pay $1.97 million and implement a change in police department policies in a federal lawsuit brought by a protester who was shot in the face with a less-than-lethal projectile during a demonstration over the death of George Floyd in May 2020.
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December 04, 2024
Homeless Vets Tell 9th Circ. To Deny Parking Access To UCLA
A class of homeless, disabled military veterans fought the Regents of the University of California's appeal of its rejected stay motion, arguing in the Ninth Circuit that the lower court made the right decision because the veterans urgently need supportive housing on a Los Angeles campus.
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December 04, 2024
Consumers Agree To Throw Out Diaper Genie False Ad Case
A group of consumers who claimed Diaper Genie ads falsely advertised that the products' refill packs contained a year's worth of diapers have dropped their proposed class action in a joint motion filed with brand owners Angelcare and Playtex.
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December 04, 2024
Colo. Judge Tosses Data Breach Suit Against Hospital Chain
A Colorado federal judge has dismissed a proposed data breach class action against hospital operator CommonSpirit Health, accepting a recommendation that found the lead plaintiff failed to allege any real injuries and therefore had no standing.
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December 04, 2024
Potent Cannabis Oils Violate Ill. Laws, Suits Say
Four proposed classes are suing several cannabis product makers and sellers, alleging that products made with Rick Simpson Oil and other potent types of cannabis oils go far beyond Illinois' and other states' legal limits, and the companies fail to warn customers that they're illegal.
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December 04, 2024
Schnader Harrison Pension Deal Reached After Prior Setback
A former Schnader Harrison Segal & Lewis LLP partner and the now-shuttered firm have reached a settlement in the attorney's proposed ERISA class action after the prospect for a deal had seemed to fizzle out, the parties told a Pennsylvania federal court Wednesday.
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December 04, 2024
Del. Justices Skeptical $2.4B SPAC Deal Misled Investors
Delaware Supreme Court justices pressed a stockholder attorney on Wednesday to explain how the blank-check company that took electric vehicle venture Canoo Holdings Ltd. public in a $2.4 billion deal breached its duties by failing to reveal information it purportedly had yet to receive.
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December 04, 2024
Pot Co. Investors Get Another Shot At Securities Suit
A New York federal judge has given a group of investors another chance to pursue claims that Cronos Group Inc. misled backers about its financial benchmarks, saying allegations stemming from a U.S. Securities and Exchange Commission settlement could be enough for the claims to survive.
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December 04, 2024
Worker Accuses Delivery Robot Maker Of Wage Violations
A former operations coordinator sued a California robotics company making food delivery in partnership with Uber Eats, claiming in his proposed class action in state court that the company cheated workers out of wages and failed to provide meal and rest breaks.
Expert Analysis
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.