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Putative Class Actions

Lowenstein Sandler LLP

Chemical Exposure Alone Is Insufficient for Toxic Tort Standing in Colorado

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On October 30, the Colorado Court of Appeals affirmed the dismissal of a putative class action complaint seeking medical monitoring, holding that the representative plaintiff lacked standing because mere exposure to ethylene...more

Woodruff Sawyer

90-Day SCA: The PSLRA “Bounce-Back” Rule

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In this week’s D&O Notebook, my colleague Walker Newell takes a look at a little-discussed provision of the federal securities laws that caps shareholders’ damages if a company’s stock price rebounds after an initial drop....more

Orrick, Herrington & Sutcliffe LLP

District court compels arbitration in putative class action against earned wage access provider

On October 22, the U.S. District Court for the Middle District of North Carolina granted a motion to compel arbitration by an earned wage access provider. ...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit vacates its own decision against homeowner agreement, allowing for district court dismissal

On October 17, the U.S. Court of Appeals for the 9th Circuit vacated its own prior decision from August that overturned the lower court’s dismissal of a putative class action brought by two homeowners who alleged violations...more

Orrick, Herrington & Sutcliffe LLP

New York appellate court affirms dismissal of FDCPA suit for lack of standing

On October 15, a New York appellate court affirmed the dismissal of a putative class action alleging violations of the FDCPA and New York General Business Law § 349. ...more

Troutman Pepper Locke

New Jersey Appellate Division Upholds Dismissal in FDCPA Third-Party Letter Vendor Case

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In a recent decision, the Superior Court of New Jersey, Appellate Division, upheld the dismissal of a class action lawsuit filed against First National Collection Bureau, Inc. (FNCB). In an unpublished opinion, the court...more

Morrison & Foerster LLP

Sec Lit IQ: MoFo’s Quarterly Federal Securities Litigation and Delaware Corporate Litigation Newsletter (Q3 2025)

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Companies may need to include interim financial data in their SEC filings following a recent Ninth Circuit ruling. In Sodha v. Golubowski, No. 24-1036, -- F.4th --, 2025 WL 2487954 (9th Cir. Aug. 29, 2025), the Ninth Circuit...more

A&O Shearman

Northern District of California Holds Complaint Against Cybersecurity Company Fails to Allege Scienter for a Second Time

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On October 2, 2025, Judge Haywood S. Gilliam Jr. of the United States District Court for the Northern District of California granted a motion to dismiss a putative securities class action against a cybersecurity company (the...more

Foley & Lardner LLP

Will the Supreme Court Continue Expanding the Reach of the Federal Arbitration Act’s Transportation-Worker Exclusion?

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As the U.S. Supreme Court begins its new term, several employment-related petitions await the Court’s consideration. One of those petitions is Flower Foods v. Brock, which follows a 2024 decision by the Court and involves...more

Orrick, Herrington & Sutcliffe LLP

District court holds fintech’s arbitration agreement violates Military Lending Act

On October 7, the U.S. District Court for the Northern District of California denied a fintech company’s motion to compel arbitration and stay litigation in a putative class action, for allegedly violating federal and Georgia...more

Hogan Lovells

Key Takeaways from the Luxury Law Summit – Milan 2025

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The latest edition of the Luxury Law Summit, held in Milan on October 8, celebrated the continuing evolution of the relationship between law and the luxury industry. ...more

Bradley Arant Boult Cummings LLP

Will Artificial Intelligence Increase the Prices of Construction Materials, Equipment, and Labor?

By now, you’ve likely seen news discussing how artificial intelligence (AI) is set to change the construction industry (and every other industry, for that matter). Typically, this discussion centers on improving business...more

ArentFox Schiff

Plaintiffs Continue to Face Standing Challenges in PFAS Litigation

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Two recent dismissals in the per- and polyfluoroalkyl substances (PFAS) class action landscape expose a significant weakness in these claims....more

A&O Shearman

Southern District of New York Dismisses Eyewear Antitrust Claims

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On September 26, 2025, Judge Mary Kay Vyskocil of the United States District Court for the Southern District of New York granted eyewear maker EssilorLuxottica’s and related business entities’ (“defendants”) motion to dismiss...more

A&O Shearman

Fifth Circuit Securities Litigation Quarterly - Q3 2025

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Welcome to the Q3 2025 edition of A&O Shearman’s Fifth Circuit Securities Litigation Quarterly. As public companies and financial institutions continue to migrate to Texas, our Texas-based securities litigation team continues...more

A&O Shearman

Second Circuit Revives Putative Securities Fraud Class Action Against Food and Personal Care Company

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On September 29, 2025, the United States Court of Appeals for the Second Circuit vacated a district court order dismissing a putative securities class action against a natural food and personal care company (the “Company”)...more

Robinson Bradshaw

Carolinas Divided: Variations in State Law Defeat Predominance

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A recent North Carolina Supreme Court decision, Jackson v. Home Depot U.S.A., Inc., 919 S.E.2d 199 (N.C. 2025), highlights the importance of choice of law issues underlying putative class actions....more

McCarter & English, LLP

Class Action Alleging Deceptive Mortgage Acceleration Notice Language Proceeds

A North Carolina federal court has allowed a putative class case to proceed on a theory that a residential mortgage servicer’s notice that it “may” accelerate is deceptive under the FDCPA and state law. On September, 16,...more

Buchalter

Washington Ruling Highlights the Need for Careful Review of Arbitration Agreements and Class Action Waivers in Wage-and-Hour...

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In an unpublished opinion, the Washington Court of Appeals recently affirmed a trial court’s refusal to compel arbitration in a proposed class action against Geodis Logistics, LLC, holding that the employees’ arbitration...more

Orrick, Herrington & Sutcliffe LLP

District court denies motion to compel arbitration in merchant swipe fee class action over anti-steering policy

On September 19, the U.S. District Court for the District of Massachusetts denied a motion to compel arbitration in a putative class action brought by small merchants challenging anti-steering rules and swipe fees imposed by...more

Orrick, Herrington & Sutcliffe LLP

Trust files federal class action suit challenging New York State’s Foreclosure Abuse Prevention Act

On September 16, a trust filed a class action lawsuit in the U.S. District Court for the Northern District of New York challenging the constitutionality of New York State’s Foreclosure Abuse Prevention Act (FAPA). The...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — October 2025

In 2024, plaintiff Daniel Human sued Fisher Investments, alleging violations of the Telephone Consumer Protection Act, and bringing the case on behalf of a putative class. The defendant removed the case to federal court and...more

Kilpatrick

Split Ninth Circuit panel affirms denial of certification of class challenging Progressive’s “projected sold adjustment,” with...

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We have written before about class actions challenging the “projected sold adjustment” utilized by insurance companies to calculate the “market value” of totaled vehicles. See Seventh Circuit rejects claimed “methodological”...more

A&O Shearman

Southern District of New York Denies Motion to Dismiss Putative Securities Class Action Against Semiconductor Manufacturer

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On September 15, 2025, Judge Alvin Hellerstein of the U.S. District Court for the Southern District of New York denied a motion to dismiss a putative securities class action against a semiconductor manufacturer (the...more

Cooley LLP

Blurred Lines and Flat Notes – Competition Appeal Tribunal Strikes Out Songwriters’ CPO Claim Against the Performing Right Society

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The Competition Appeal Tribunal (CAT) has struck out a class action brought by Blur drummer, David Rowntree, as the proposed class representative (PCR) on behalf of a class of songwriters against the Performing Right Society...more

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