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Appellate Courts Class Action

Holland & Knight LLP

Alleged Economic Injury Satisfies Article III Standing in Baby-Food Class Action Case

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We previously reported on a district court's dismissal of a class action lawsuit against a baby food manufacturer in which plaintiffs alleged that the baby food contained harmful levels of heavy metals. ("Economic Harm Claims...more

Morrison & Foerster LLP

Sec Lit IQ: MoFo’s Quarterly Federal Securities Litigation and Delaware Corporate Litigation Newsletter (Q4 2025)

In our latest edition of MoFo’s Quarterly Federal Securities and Corporate Litigation Newsletter, we provide a rundown of select developments from the fourth quarter of 2025, including: • An Eleventh Circuit revival of a...more

Jones Day

Delaware High Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Securities Claim Settlement

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In a significant victory for policyholders, the Delaware Supreme Court rejected three insurers' attempts to apply their Directors and Officers ("D&O") liability policies' so-called "bump-up" exclusion to bar coverage for...more

Ropes & Gray LLP

Supreme Court to Consider the Video Privacy Protection Act

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Last week, the U.S. Supreme Court agreed to hear a case that is expected to resolve a long-developing split among federal courts of appeals over the scope of the Video Privacy Protection Act of 1988 (“VPPA”), 18 U.S.C. §...more

McGuireWoods LLP

Delaware Supreme Court Affirms D&O Coverage in Harman International Bump-Up Exclusion Dispute

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On January 27, 2026, the Delaware Supreme Court issued a significant pro-policyholder decision affirming that directors and officers (“D&O”) insurers must cover a $28 million settlement paid by Harman International Industries...more

Ervin Cohen & Jessup LLP

Employment Arbitration Agreement Rollout During Class Action Backfires in Federal Court Case

While precedential for federal cases only, the Ninth Circuit’s recent decision in Avery v. TEKsystems, Inc. offers a pointed reminder to California employers that rolling out new mandatory arbitration agreements in the middle...more

A&O Shearman

Central District Of California Denies Motion For Judgment On The Pleadings In Securities Class Action Against Electric Automobile...

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On January 22, 2026, Judge Consuelo B. Marshall of the United States District Court for the Central District of California denied a motion for judgment on the pleadings filed by an electric automobile company (the “Company”)...more

Carlton Fields

Fourth Circuit Finds Under Armour’s “Single Scheme” to Misrepresent Financial Stability Constitutes Single Claim Under D&O Tower

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On January 20, 2026, the Fourth Circuit Court of Appeals held in Navigators Insurance Co. v. Under Armour Inc. that Under Armour was not entitled to access an additional $100 million directors and officers tower after finding...more

Carlton Fields

Florida Appeals Court Decisions Week of January 26 - 30, 2026

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U.S. Eleventh Circuit Court of Appeals - USA v. Rodgers - Fifth Amendment, right to silence - Hughes v. Locure - § 1983, qualified immunity - USA v. Ott - sentencing - Lewis v. Fulton Cnty Sheriff - blind inmate,...more

DLA Piper

Supreme Court To Decide ERISA 401(k) Pleading Standard In Anderson v. Intel Corp.

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The United States Supreme Court has agreed to hear an appeal from former Intel Corporation employees who are challenging dismissal of their breach of fiduciary duty claims brought under the Employee Retirement Income Security...more

Baker Botts L.L.P.

Supreme Court to Take on Definition of "Consumer" Under VPPA

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On January 26, 2026, the Supreme Court granted the petition in Salazar v. Paramount Global (Case No. 25-459) to address “[w]hether the phrase ‘goods or services from a video tape service provider,’ as used in the [Video...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court of Ohio Holds PUCO has Exclusive Jurisdiction Over Claims Asserted Against Public Utility

Earlier this month, a unanimous Ohio Supreme Court affirmed the judgment of the Ninth District Court of Appeals holding that the Public Utilities Commission of Ohio (PUCO) has exclusive jurisdiction over certain claims...more

Troutman Amin LLP

BREAKING: Video Privacy Set To Be Latest Battleground As Supreme Court Considers Definition of “Consumer” Under VPPA

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This morning, the Supreme Court granted a petition asking it to determine whether the Video Privacy Protection Act (“VPPA”) applies to consumers who subscribe to non-audiovisual content, such as a digital newsletters, rather...more

Sheppard Mullin Richter & Hampton LLP

Certification Crossroads: Supreme Court Declines Review, Deepening Circuit Split on Opt-In Standards for FLSA and ADEA Class...

On January 12, 2026, the U.S. Supreme Court declined to address a deepening circuit split about the process for certifying collective class actions under the Age Discrimination in Employment Act (“ADEA”) and the Fair Labor...more

Proskauer - California Employment Law

Employees Who Rescind Individual Settlement Agreements Might Have to Repay Compensation Received

After Jessica Garcia filed a putative class action for unpaid wages against her former employer (The Merchant of Tennis), the employer entered into approximately 954 individual settlement agreements (ISAs) with employees...more

Proskauer - California Employment Law

Employer Waived Arbitration by Litigating in Court For More Than Four Years

For more than four years, Sierra Pacific defended against this wage and hour class action, “remaining silent on the subject of arbitration and refusing to produce arbitration agreements signed by putative class members,...more

Wiley Rein LLP

Fourth Circuit Reverses: Under Armour Cannot Tap Additional $100 Million D&O Tower for Related Government Investigations and...

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In a win for Wiley’s client, the United State Court of Appeals for the Fourth Circuit, applying Maryland law, reversed judgment on the pleadings in favor of the insured, holding that a securities class action, derivative...more

Sheppard Mullin Richter & Hampton LLP

Class Standing Redux: Ninth Circuit Holds Plaintiffs Must Present Evidence of Class Member Injury at Summary Judgment

In Healy v. Milliman, Inc., — F.4th —-, 2026 WL 71863 (9th Cir. Jan. 9, 2026), the Ninth Circuit addressed a key Article III standing question left open by the Supreme Court in TransUnion LLC v. Ramirez, 594 U.S. 413 (2021) –...more

Seyfarth Shaw LLP

FAA Governs Arbitration Agreements When Parties Expressly Agree

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The California Court of Appeal rejected the argument that the Federal Arbitration Act (FAA) cannot apply absent evidence of interstate commerce, emphasizing that arbitration under the FAA is a matter of consent. Thus, the...more

Whiteford

Employment Law Update: Fourth Circuit Decision Highlights WARN Act Risks for Employers That Are Part of Broader Corporate Families

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Since the late 1980s, employers conducting large layoffs have had to seek to ensure compliance with the Worker Adjustment and Training Notification Act (WARN). WARN requires that covered employers – those with at least 100...more

Ervin Cohen & Jessup LLP

Playing the Long Game: How an Employer's Litigation Strategy Waived the Right to Arbitration

The recent decision in Sierra Pacific Industries Wage and Hour Cases by the California Court of Appeal for the Third District is a significant warning for employers regarding the waiver of the right to compel arbitration in...more

Troutman Amin LLP

CLASS IS NOT IN SESSION: Court Affirms Denial of Class Certification In TCPA Lawsuit

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Hi TCPAWorld! Defendant just scored a huge victory with a Court affirming a denial of class certification in their lawsuit. In Brian J. Lyngas, D.D.S., P.L.L.C., v. IQVIA, INC., 2025 WL 3565507 (E.D. PA Dec 12, 2025),...more

Mayer Brown

Key Issues to Watch in ERISA Defined Contribution Plan Class Action Litigation in 2026

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2025 was a very busy year for the benefits industry and for ERISA class action litigation involving defined contribution plans. As we celebrate the New Year and look forward to 2026, below are some key issues to watch that...more

Womble Bond Dickinson

Ninth Circuit confirms all members of a certified damages class must establish standing to survive summary judgment in Healy v....

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The Ninth Circuit recently answered an important open question in the class action context that may provide defendants an additional exit ramp, specifically, whether “following class certification, both named and unnamed...more

Fuerst Ittleman David & Joseph

Employment Litigation Update: Arbitration Agreements Cannot Eliminate Plan-wide Relief Under ERISA

On December 15, 2025, the Eleventh Circuit Court of Appeals joined several circuit courts in refusing to enforce arbitration agreements that purport to waive plan-wide relief available under the Employee Retirement Income...more

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