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Class Action
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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."
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January 24, 2025
Musk Can't Yet Appeal Twitter Investors' Cert., 9th Circ. Says
The Ninth Circuit on Friday rebuffed Elon Musk's request to immediately appeal a California federal judge's decision to certify a class of thousands of Twitter investors over claims the billionaire businessman fraudulently tweeted about the social media company's alleged bot problem to get out of his $44 billion acquisition.
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January 24, 2025
Syngenta, Chevron Headed For October Paraquat Bellwether
An Illinois federal judge has set an October date for Syngenta and Chevron's first trial in a multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease, after the previous dismissal of trial-selected plaintiffs and the disqualification of an expert.
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January 24, 2025
Justices To Clarify Article III Standing For Certified Classes
The U.S. Supreme Court granted LabCorp's request on Friday to clarify federal law regarding whether district courts can certify class actions when some members of the proposed class may lack a cognizable injury in fact.
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January 24, 2025
Patient Can't Sue Over Clinic's 'Data Incident,' Ill. Justices Say
A medical clinic patient who received a letter stating a "data incident" may have compromised her personal information but appeared not to have led to the information's misuse does not have standing to pursue proposed class claims for damages, the Illinois Supreme Court said Friday.
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January 24, 2025
Chancery Keeps $4.6B Cvent Sale Challenge Alive
Most claims moved forward toward trial Friday in a Delaware Court of Chancery suit alleging breaches of fiduciary duty by the directors and CEO of cloud-based event management technology provider Cvent Holding Corp. and its controlling stockholder in a $4.6 billion take-private sale to affiliates of Blackstone Inc.
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January 24, 2025
J&J Escapes Part Of Worker's Drug Benefits Suit, For Now
A suit alleging Johnson & Johnson overcharged employees through a prescription drug benefits program was partially tossed Friday, with a New Jersey federal judge ruling the suing worker failed to show the court could provide any remedies on her claims that plan members overpaid for medicine.
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January 24, 2025
Delivery Co. Flouted FLSA, Amazon Driver Claims
An independent freight carrier that allegedly contracts with Amazon has been hit with a proposed class action in New York federal court claiming its delivery drivers are deprived of meal breaks, overtime pay and other wages.
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January 24, 2025
Ga. Judge Gives Tentative OK To $1M PFAS Deal
A federal judge gave preliminary approval Thursday to a $1 million settlement in a sprawling class action over forever chemicals allegedly released from a north Georgia textile plant, potentially ending the involvement of one of the half-dozen chemical companies in the suit.
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January 24, 2025
Ill. Judge OKs $35M More In College Aid-Fixing Settlements
An Illinois federal judge flagged a communication he considered a potential first Friday as he swiftly approved another $35 million in financial aid-fixing settlements that allow two more schools to exit an antitrust suit claiming they conspired with other elite universities to limit their offerings.
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January 24, 2025
Ill. Justices Say Performance Bonuses Count In OT Math
Two workers will have another shot at arguing an electric company failed to pay the proper amount of overtime because state law doesn't exclude performance bonuses from overtime math, the Illinois Supreme Court ruled Friday.
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January 24, 2025
Employer Groups Back Tossing Pension Annuity Suit In NY
Three employer trade groups are backing Bristol-Myers Squibb and investment manager State Street as they fight claims brought by retirees of the pharmaceutical giant that the companies violated federal benefits law by converting workers' pension benefits into annuity insurance contracts.
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January 24, 2025
Wells Fargo Gets Another Win In Lifetrade Investor Suit
A New York federal judge determined that investors of Lifetrade Fund BV cannot prove Wells Fargo aided or abetted an alleged massive fraud orchestrated by Lifetrade's managers, saying the investors presented only contradictory information regarding the value of the Lifetrade portfolio.
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January 24, 2025
Capital One Named In Action Over Early-Year Service Outage
Capital One has been hit with a proposed class action in Virginia federal court focused on a January service disruption that allegedly left consumers locked out of its systems.
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January 24, 2025
Campbell's Unit Accused Of Failing To Pay For Off-Clock Work
A Campbell's subsidiary fails to compensate hourly paid packing employees for the several minutes they spend each day performing certain tasks before and after their shifts, a proposed collective action filed in North Carolina federal court said.
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January 24, 2025
US Steel Will Pay $6.1M To End Suit Over Pa. Plant's Dust
U.S. Steel will invest $4.6 million in efforts to reduce dust pollution from its Edgar Thomson Works in Braddock, Pennsylvania, and will pay another $1.5 million to be split among residents of six neighboring communities, under a class action settlement that a state judge gave his preliminary approval.
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January 24, 2025
Lutnick Settles Chancery Suit Ahead Of Commerce Hearing
Billionaire Howard L. Lutnick, President Donald Trump's nominee for secretary of commerce, has settled a Delaware Court of Chancery derivative suit accusing the Newmark Inc. principal executive officer of "blowing smoke" around his part in a $500 million stock-value gain in order to receive a $50 million bonus.
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January 24, 2025
Fifth Third, United Accused Of Using Prepaid Cards For Wages
Fifth Third Bank and a slew of other companies, including United Airlines, compensated employees through prepaid cards that required workers to pay fees to get their wages, a worker said in a proposed class action filed in California state court.
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January 24, 2025
Circle K Fails To Pay For Travel Costs, Manager Says
Convenience store chain Circle K requires store managers to make trips to other locations to pick up out-of-stock items but doesn't reimburse them for the costs associated with this travel, a proposed class action filed in Illinois state court said.
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January 23, 2025
Atty Hit With TCPA Class Action Over Camp Lejeune Calls
A North Carolina plaintiffs firm was hit with a proposed class action accusing it of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case — at least the fourth firm to face similar claims.
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January 23, 2025
Wells Fargo Workers Score Class Cert. In Stock Option Suit
Former employees of Wells Fargo & Co. have received certification for their proposed class in litigation in Minnesota federal court alleging the bank used dividends earned by its employee stock ownership fund to defray its 401(k) matching obligations.
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January 23, 2025
Wash. Justices Back Workers' View On Moonlighting Law
Washington's highest court clarified on Thursday that the state's moonlighting protections shield low-wage workers from noncompete terms that would outright ban them working for any competitor in any capacity, concluding that employers must narrowly tailor such restrictions to be line with employees' common-law duty of loyalty.
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January 23, 2025
GoodRx, PBMs Sued Over Alleged Generics Price-Fix Scheme
GoodRx and pharmacy benefit managers, including CVS Caremark and Express Scripts, formed a "cartel" to execute a price-fixing scheme by sharing pricing information and agreeing not to outbid each other for reimbursement rates paid to pharmacies for generic drugs, alleges a proposed class action filed Wednesday in California federal court.
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January 23, 2025
Shift4 Gets Accounting Practices Investor Suit Axed For Good
In an opinion permanently dismissing a class action against Shift4 Payments Inc., a Pennsylvania federal judge rhetorically asked what changed from the first amended complaint that accused the payment processing company of engaging in questionable accounting practices to keep its stock price afloat.
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January 23, 2025
Vape Maker Seeks Exit From Suit Over Delta-9 THC Levels
An Illinois-based vape maker urged a federal judge to toss a lawsuit accusing it of fraudulently passing off illicit Delta-9 products as legal Delta-8 ones, saying the suit lacks fundamental details, such as which products were purchased and what laboratory tested them.
Editor's Picks
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NFL Seeks To End Race-Based Concussion Tests After Outcry
The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.
Expert Analysis
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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.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Justices Could Stitch Up ERISA Circuit Split With Cornell Case
In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.