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Law.com

Federal Judge Rejects Proposed Workaround for Magnuson-Moss Warranty Act Class Actions With Too Few Plaintiffs

"In the absence of precedent from the First Circuit, this Court will adopt the Ninth Circuit's reasoning in 'Floyd,' which correctly adheres to this circuit's and the Supreme Court's principles of statutory interpretation," U.S. District Judge Angel Kelley of the District of Massachusetts wrote.
7 minute read

Corporate Counsel

'Be Prepared to Flexibly Respond': New State Privacy Laws to Keep Legal Teams on Their Toes

"I think we will definitely see several new state privacy laws passed this year," said Anna Westfelt, head of Gunderson Dettmer's data privacy practice.
4 minute read

Daily Business Review

The 'Fabuloso' Class Action Is Gaining Momentum—But This Law Firm Won't Touch It Yet

Multiple lawyers have signed on to represent consumers, but one law firm is sitting out the litigation—at least for now.
4 minute read

New Jersey Law Journal

NJ Appeals Court: Retail Practice of Marking Up Prices Before Applying Discounts Violates Consumer Laws

Plaintiffs counsel Stephen P. DeNittis of DeNittis Osefchen Prince called it a "landmark decision."
6 minute read

Law.com

In Novel Case, Federal Judge OKs TCPA Class Action Over 'Textbook Example' of Website Hiding Consent Language

Finding courts in the First Circuit have yet to address the framework for determining whether online terms were sufficiently disclosed to provide a consent defense to a Telephone Consumer Protection Act, the U.S. District Court for the District of Massachusetts relied on recent Ninth Circuit case law in allowing a putative class action to proceed.
6 minute read

Corporate Counsel

UK Regulator Buries 'Lax' Reputation With Tough Stance on Microsoft's $69B Activision Buyout

The Competition and Markets Authority is gumming up a megadeal, another sign of its concern that the software industry has too much power in too few hands.
4 minute read

Texas Lawyer

'Those Guys Are Rock Stars': Litigants Fight Regulators Over Medical Billing Arbitration

The ruling found the federal regulation weighs in favor of insurers' preferred amount by requiring arbitrators to begin with that and then imposing restrictions not in the law against the non-insurers' factors.
4 minute read

National Law Journal

Plaintiffs Bar Partner Promotions Highlight Rising Caseload, Commitment to Firm Culture

Plaintiffs firms are off to a dynamic start into 2023 with diverse partner classes and a strong commitment to antitrust, MDL and health care litigation.
7 minute read

Law.com

Business Owner Agrees to $125K Settlement for Purported Legal Threats Over Negative Customer Reviews

"It is ironic that a company named for an iconic symbol of freedom would concern itself with violating the free speech and other legally entitled rights of consumers," Attorney General Aaron M. Frey said in a media release. "I hope this case will remind consumers that no business can require you to waive your right to leave honest reviews of businesses and products."
2 minute read

National Law Journal

3M Bankruptcy Shouldn't Forestall Earplug Liability, Elected Officials, DOJ, Tell Appeals Court

Simons Hanly attorneys wrote on behalf of Democrats that 3M was seeking to abuse the bankruptcy court which is already transforming into a favorite option for "massively wealthy corporations whose products caused harm."
5 minute read

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