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Class Action
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October 07, 2024
Mass. High Court Reluctant To Kill Lost Value Policy Exclusion
Massachusetts' highest court on Monday appeared likely to reject a challenge to standard auto insurance policy language that excludes coverage for the dip in resale value of a vehicle after a crash.
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October 07, 2024
Steam Gamer Wants Sheppard Mullin Atty Back As Arbitrator
A Los Angeles man who joined an antitrust action against Valve Corp., the company behind online video-game store Steam, has brought a petition in Los Angeles Superior Court seeking to reinstate a Sheppard Mullin lawyer as arbitrator for dozens of California litigants, arguing his disqualification came too late and was otherwise unfounded.
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October 07, 2024
6 High Court Cases To Watch For Trial Attorneys
As the U.S. Supreme Court lifts the curtain on a new term, the justices are slated to consider a variety of cases impacting the work of trial litigators, including a death penalty case over a state-disavowed conviction, the boundaries of the Racketeer Influenced and Corrupt Organizations Act, and corporate veil piercing.
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October 07, 2024
High Court Passes On Warehouse Worker Arbitration Bid
The U.S. Supreme Court refused on Monday to take up an appeal by a staffing agency that argued a worker who moved Adidas merchandise in a warehouse didn't fall under a federal exemption from arbitration requirements and should have his wage suit kicked out of court.
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October 07, 2024
Justices Seek Feds' Input On 10th Circ. PBM Preemption Fight
The U.S. Supreme Court on Monday asked the federal government to weigh in on the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D.
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October 07, 2024
Class Members Who Missed Payout Won't Go Before Justices
The U.S. Supreme Court won't hear a challenge to a secondary class action settlement distribution of more than $5 million from two class members in an airline price-fixing suit, denying their petition to review a Ninth Circuit ruling that the objectors lacked standing to question the distribution Monday.
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October 07, 2024
High Court Turns Away Case On Shareholder Opt-Out Rights
The U.S. Supreme Court on Monday turned away a petition brought by an AMC Entertainment Holdings Inc. shareholder who asked the court to weigh in on whether a Delaware Court of Chancery judge violated her due process rights by blocking her from opting out of a settlement over the movie chain's controversial reverse stock split.
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October 07, 2024
Justices Won't Take Up Poll Watchers' Fight Against Dominion
The U.S. Supreme Court on Monday ended a group of Michigan poll watchers' efforts to revive their civil rights class action against Dominion Voting Systems, ending their claims they received letters demanding they stop defaming the company.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Mondelez, BCLP Ink $750K Deal To End Data Breach Suits
Mondelez Global LLC workers on Friday asked an Illinois federal judge to greenlight a $750,000 settlement that would resolve proposed data privacy class actions against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach.
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October 04, 2024
What's Up In Oral Arguments In High Court Pet Food Case
The U.S. Supreme Court on Monday will hear arguments in a case involving allegations that Royal Canin USA Inc. and Nestlé Purina PetCare Co. falsely represented their products as prescriptions belongs in state or federal court. Here, Law360 takes a look at what's at stake in this case.
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October 04, 2024
Jury Finds Cognizant Biased Against Non-Indian Workers
A California federal jury found Friday that Cognizant Technologies engaged in a "pattern or practice" of intentional discrimination against a class of non-South Asian and non-Indian employees who were terminated, setting the stage for a second phase that will determine damages against the IT giant.
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October 04, 2024
JPML Agrees To Combine Snowflake, AT&T Data Breach MDLs
The Judicial Panel on Multidistrict Litigation on Friday centralized a slew of cases stemming from high-profile data breaches affecting customers of the Snowflake Inc. cloud platform in the District of Montana, a transfer order that includes sprawling multidistrict litigation against AT&T, one of Snowflake's customers.
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October 04, 2024
Healthcare Co.'s Workers Get Cert. In OT Pay Row
A Connecticut home healthcare logistics company and a former employee suing in federal court over its pay practices have agreed to conditionally certify a collective and dismiss most claims, leaving only a claim for payment of off-the-clock work.
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October 04, 2024
Evolve Bank Faces MDL Over Breach Of 7.6M Customers' Data
Nearly two dozen proposed class actions accusing Evolve Bank & Trust of failing to adequately protect the personal information of 7.6 million customers from a cyberattack by a Russia-linked cybercrime gang will be centralized in Tennessee, the Judicial Panel on Multidistrict Litigation has ruled, expressing their confidence in the judge selected to preside over the MDL.
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October 04, 2024
Subaru Drivers Get Initial OK On Cracked Windshields Deal
A class of at least a million Subaru customers received preliminary blessing from a New Jersey magistrate judge for a settlement that would end the five-year dispute and cover 100% or more out-of-pocket costs to fix or replace allegedly defective windshields that spontaneously cracked.
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October 04, 2024
Where Campus Protest Suits Stand 1 Year After Oct. 7 Attacks
Almost immediately after Hamas' attack in Israel and the subsequent invasion of Gaza on Oct. 7, 2023, colleges and universities became litigation targets of both sides of the conflict as protests unfolded on campuses throughout the United States.
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October 04, 2024
Amazon Consumers Want In On FTC Antitrust Econ Primer
Consumers bringing proposed class claims against Amazon over its seller contracts have asked a Washington federal judge to let them join an upcoming "economics day hearing" in the Federal Trade Commission's case accusing the e-commerce giant of similar antitrust violations, saying experts will be addressing overlapping competition issues.
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October 04, 2024
Credit Suisse Investors Joust Over Bids To Be Class Leader
A Credit Suisse investor in a class action alleging the bank misled investors about its condition in the run-up to its collapse and takeover by UBS has asked a New York federal judge to toss the current lead plaintiff in favor of himself, while the current lead plaintiff shot back with an opposition.
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October 04, 2024
Antitrust Groups Ask 9th Circ. To Revive Price-Fixing Suit
Three antitrust advocacy groups asked the Ninth Circuit to resuscitate a proposed class action accusing several hotel operators and two software companies in Nevada federal court of engaging in a price-fixing scheme involving algorithmic software.
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October 04, 2024
Meta Investors Seek Sanctions Over Execs' Deleted Emails
Meta Platforms Inc. shareholders suing over the Facebook Cambridge Analytica data scandal urged a Delaware Chancery Court Thursday to sanction Meta board members Jeffrey Zients and Sheryl Sandberg for allegedly spoiling evidence by using their personal email accounts to discuss the scandal and then deleting large portions of their correspondence.
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October 04, 2024
Tractor Fluid MDL's $32M Settlement To Move Forward
A Missouri federal judge has given the go-ahead to a $32 million settlement between tractor owners and a pair of hydraulic fluid makers to resolve claims in multidistrict litigation alleging the fluid was defective and damaged vehicles that used it.
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October 04, 2024
Former X Worker's 2 Sex Bias Suits Will Go To Same Judge
A San Francisco federal judge said Friday that a former X Corp. engineer's lawsuit claiming Elon Musk laid off more women than men after acquiring the company belonged with a similar case the worker filed in San Jose federal court — but chided both sides, saying "nobody's being terribly reasonable."
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October 04, 2024
DOL Urges 11th Circ. To Back Arbitration Denial In ESOP Row
The U.S. Department of Labor urged the Eleventh Circuit to reject arbitration in a proposed class action alleging a legal technology firm undervalued company shares when it shut down its employee stock ownership plan, arguing that the arbitration provision clashed with federal benefits law.
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October 04, 2024
Pool Equipment-Maker Sinks Shareholder Suit, For Now
A New Jersey federal judge Wednesday dismissed a proposed investor class action against pool supply company Hayward Holdings Inc. over claims that the company concealed it was struggling with ballooning inventory and lowered demand, saying the investors do not sufficiently explain why the alleged misstatements cited in the complaint are actionable.
Expert Analysis
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Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.