Rise in Illinois GIPA Class Actions May Prompt Companies to Reevaluate Data Collection

Employers across Illinois have been put on notice by a recent increase in class action lawsuits brought under the Illinois Genetic Information Privacy Act (GIPA). A federal law instated in 2008, the Genetic Information Non-Discrimination Act (GINA) serves as a regulator for the collection and usage of genetic information. Its reach is wide, including prohibitions…

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Federal Court Sides with Fast Food Giants in Burger Advertising Lawsuit: Implications for Marketing Practices

In an interesting development in the world of food advertising, a federal court in New York has dismissed a proposed class action case against two iconic fast food chains, McDonald’s and Wendy’s. The lawsuit alleged that both companies misrepresented the size of their burger toppings and patties in their advertisements, compared to what consumers actually…

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Avoiding COBRA Notice Litigation: Ensuring Compliance and Reducing Risk for Companies

Not many general counsels will declare that their company’s COBRA notice is what keeps them awake at night. Yet, as recent class action litigation reveals, challenges to COBRA notices and issues that present themselves can be simply addressed to evade complex litigation. Consolidated Omnibus Budget Reconciliation Act (COBRA) provides employees and their families who lose…

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PharMerica and Amerita Face Class Action Lawsuits Amidst 5.8 Million Patient Data Breach

PharMerica, a major player in the long-term care pharmacy industry, and its subsidiary Amerita’s Specialty Infusion Services (Amerita) are entangled in class action lawsuits following a significant data breach. The breach was announced via a notification letter sent out to patients on September 5, 2023. Both entities reportedly identified suspicious activity in their networks and…

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Pixel Technologies in Healthcare: Balancing Digital Strategies with HIPAA and FTC Regulations

The health care sector’s increasing adoption of pixel technologies has raised concerns among both regulators and the plaintiffs’ class action bar. This digital strategy, used for tracking user activities on mobile apps and websites, is under intense scrutiny to ensure it aligns with the Health Insurance Portability and Accountability Act (HIPAA) and Federal Trade Commission…

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Facial Recognition in Sports Venues: Security Advantages and Legal Challenges

Facial recognition technology, a form of biometric identification, is increasingly being utilized in sports venues worldwide. It’s a development prompting both cheers for potential security benefits and jeers from those concerned about privacy and legal implications. With technological advancements coming into play, legal professionals need to be aware of the implications, especially for those representing…

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Infowars Parent Bankruptcy Complicates Alex Jones’ Unpaid Salary Claims

High profile media personality, Alex Jones, has placed his parent company into bankruptcy to avoid paying pending damages. A dispute has arisen with the company over unpaid salary, with Jones claiming $1.3 million while also seeking bankruptcy protection himself. The company has argued that the ongoing bankruptcy proceedings prevent it from fulfilling his demands. Read…

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Pennsylvania Inmates Sue Over Solitary Confinement’s Mental Health Impact in State Prisons

A group of five Pennsylvania inmates has recently filed a lawsuit against the state’s Department of Corrections and its employees, according to an announcement from the Pennsylvania Institutional Law Project. The lawsuit accuses the Department of causing severe mental health consequences due to the use of solitary confinement in state prisons. The class action lawsuit,…

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Mutual Dismissal of High-Profile Data Breach Case Signals Cybersecurity Legal Complexities

In a significant development in a benchmark cybersecurity case, a federal class action which had been brought against a Philadelphia labor and employment firm over its 2021 data breach has been mutually dismissed without prejudice. The details emerged from a recent filing in the Eastern District of Pennsylvania. Given the ever-growing concerns about data security…

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Litigation Firms Gain Advantage with Launch of Clarra Case Management Platform

San Francisco based law firm, Schneider Wallace, was discontented with the existing case management software on the market, largely attributed to their antiquated operation, inflexibility and better suitability to transactional practices instead of litigation ones. As such, the firm took matters into their own hands, leading to the development of Clarra, a cloud-based case management…

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French Court to Consider Landmark Racial Profiling Case Against State Policing Practices

In an unprecedented legal action, six human rights groups have brought forward the first class action against the French state to the Conseil d’État, France’s higher administrative court. The case, heard on Friday, September 28, alleges systematic racial profiling against black and Arab men in the course of police patrols. The petition driving the case…

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D.C. Circuit Court Curbs Tautological Issue Classes, Reinforces Rule 23 Requirements

The D.C. Circuit Court has released a critical decision regarding issue class certification relative to damages claims, spotlighting the necessity for all stipulations of Rule 23 to be met. Often, the certification of damages claims is determined by whether individual issues precede common issues within the context of Federal Rule 23(b)(3). Class plaintiffs who confront…

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Navigating Ambiguity: Seventh Circuit Ruling Spotlights Challenges in Enforcing Online User Agreements

In a recent ruling, the Seventh Circuit Court of Appeals has insisted on a trial to determine whether an account user of PayPal received adequate notice concerning an agreement to arbitrate putative class claims against the company. The decision underlines the ongoing challenge for businesses in establishing and enforcing clear and effective user agreements that…

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CVS Caremark Faces Antitrust Class Action Over Restricting Independent Pharmacies with ‘DIR Fees’

Aetna, CVS Health, CVS Pharmacy and associated parties have been served with an antitrust class action this week. The lawsuit accuses CVS Caremark of deliberately restricting independent pharmacies from accessing its network of Medicare Part D beneficiaries unless they agree to pay substantial fees, colloquially referred to as ‘DIR Fees’. This move, considered unprecedented, targets…

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