Recent developments in securities, mass tort, consumer protection, and corporate law, summarized for the people they affect, with links to the primary sources.
Summaries of public developments for general information. Unless stated otherwise, the firm is not counsel in the matters described. Descriptions of filed cases summarize allegations, which are not findings. Compiled as of September 11, 2026.
Securities & Shareholder
Firm case: securities class action filed over TruGolf share dilution
Schwartz & Associates, PC is counsel of record in the first-filed securities class action concerning TruGolf Holdings, Inc. (NASDAQ: TRUG), LaChance v. TruGolf Holdings, Inc., No. 1:26-cv-00119-JNP-CMR (D. Utah), filed July 24, 2026. The complaint alleges that defendants misrepresented or failed to disclose that holders of TruGolf's Series A convertible preferred stock were continuously converting into Class A shares at floating, ratcheting conversion prices, causing substantial ongoing dilution, and that the April 2026 annual report overstated outstanding Class A shares by about 52 percent. Allegations in a complaint are not findings.
Why it matters. The reported lead plaintiff deadline is September 28, 2026, and it applies only to an investor who wants to ask the court to lead the case; class members do not need to act by that date to remain in the class.
Jury awards $40 million in Bard implanted port bellwether trial
A federal jury in Phoenix awarded $40 million in compensatory damages to a plaintiff in MDL No. 3081 (D. Ariz.) who alleged that her port's catheter fractured and a fragment lodged in her heart. The jury found for her on design defect and failure to warn, rejected manufacturing defect and fraudulent concealment claims, and awarded no punitive damages. The first bellwether, an infection case, ended in May with a defense verdict on the warning claim and a deadlocked jury on design defect.
Why it matters. Bellwether verdicts inform, but do not decide, the roughly 3,700 other cases pending in the MDL, and post-trial motions or an appeal may follow.
Consult your physician before making any decision regarding prescribed medication or medical treatment. Bard implanted port products remain cleared by the U.S. Food and Drug Administration for sale. Certain product lots have been recalled; the FDA recall database lists specific products.
California Legislature passes SB 690 limiting certain CIPA lawsuits
The California Legislature sent SB 690 to Governor Newsom, who has until September 30 to act. The bill would allow only the Attorney General to sue websites and apps over alleged pen-register or trap-and-trace violations under Penal Code section 638.51, and would reach pending claims in suits filed within two years before its January 1, 2027 effective date. Wiretapping and eavesdropping claims under sections 631 and 632 would not be affected.
Why it matters. If signed, the bill would bar private suits under section 638.51 over website and app tracking, including pending claims in suits filed on or after January 1, 2025, while claims under sections 631 and 632 would remain available.
In Dodiya v. Franklin, a challenge to the Whole Earth Brands merger, the Delaware Court of Chancery held that the safe harbors in amended Section 144 of the Delaware General Corporation Law were unavailable at the pleading stage because the complaint supported inferences of board gross negligence and an uninformed stockholder vote. The court allowed fiduciary duty claims to proceed against former chief executive Michael Franklin and executive chairman Irwin Simon.
Why it matters. The statutory safe harbors added in 2025 may not end merger litigation at the motion-to-dismiss stage when their conditions are disputed.
Meta settles state attorneys general youth-harm claims during trial
During a trial that began August 18 in the social media adolescent addiction MDL (No. 3047, N.D. Cal.), Meta settled claims by state attorneys general that Instagram and Facebook features were designed to drive compulsive use by minors and that the risks were misrepresented. The California and District of Columbia attorneys general describe payments of up to about $17 billion over ten years, partly contingent on other platforms adopting similar measures, along with default protections for teen accounts.
Why it matters. The settlement resolves claims by the participating states; claims by individual plaintiffs and school districts in the MDL remain pending.
Court approves $117.5 million Comcast data breach settlement
Judge John Younge of the Eastern District of Pennsylvania granted final approval to a $117.5 million settlement resolving claims over an October 2023 data security incident involving Comcast customers' personal information, which press reports link to the Citrix Bleed vulnerability. The class consists of people who were sent breach notices on or about December 18, 2023.
Why it matters. The settlement website lists a September 14, 2026 claim deadline; payments to class members with valid claims depend on the claims review and any appeals.
Second Circuit revives Signature Bank investors' fraud claims
The Second Circuit vacated the dismissal of an investor suit against former Signature Bank executives and directors and the bank's auditor, KPMG, which alleges they misrepresented the bank's liquidity and risk management before its March 2023 failure. The court held that the FDIC's succession to a failed bank's stockholder rights under FIRREA does not transfer investors' own Rule 10b-5 claims, which belong to them as purchasers of stock.
Why it matters. In the Second Circuit, an FDIC receivership does not by itself take over failed-bank investors' securities fraud claims.
Firefighter turnout gear PFAS claims centralized in Minnesota
The Judicial Panel on Multidistrict Litigation created MDL No. 3191 in the District of Minnesota, before Judge Jeffrey M. Bryan, for claims involving PFAS chemicals in firefighter turnout gear, most of them brought by purchasers of the gear. The Panel kept these cases separate from the existing AFFF firefighting foam MDL.
Why it matters. Turnout gear claims that do not involve AFFF exposure now proceed on their own track rather than inside the AFFF litigation.
California data brokers must now process deletion requests through DROP
Under California's Delete Act, registered data brokers must access the state's Delete Request and Opt-out Platform (DROP) at least every 45 days and act on consumers' deletion requests. The state privacy agency reported more than 500,000 consumer sign-ups and 654 participating brokers by August 25.
Why it matters. Californians can ask every registered data broker to delete their personal information with a single request.
Securities class action filings rose 30% in the first half of 2026
Cornerstone Research and the Stanford Securities Class Action Clearinghouse counted 121 securities class action filings in the first half of 2026, 30% more than in the prior six months. Fifteen filings tied to artificial intelligence accounted for $385 billion of the $529 billion Disclosure Dollar Loss Index.
Why it matters. In Cornerstone's count, AI-related filings accounted for about 73% of the Disclosure Dollar Loss Index in the first half of 2026.
FTC and states sue Hims & Hers over health data sharing
The FTC, joined by Utah and by California through the Los Angeles County Counsel, sued telehealth company Hims & Hers in the Northern District of California. The complaint alleges the company promised privacy while sharing information about consumers' medical conditions with advertising platforms through customer lists and tracking tools, and misled consumers about billing and cancellation. The allegations have not been proven.
Why it matters. Regulators are applying consumer protection law to the kind of health-data tracking at issue in many private pixel-tracking suits.
Johnson & Johnson proposes $5.5 billion resolution of ovarian cancer talc claims
Johnson & Johnson announced an agreement with the plaintiff firms leading the federal talc MDL and related state court litigation to resolve about 76,000 remaining ovarian cancer claims, conditioned on participation by at least 95% of those claims. It calls for per-claim payments under a $5.5 billion commitment, with no more than $3 billion paid in 2027 and nothing further due before 2028. J&J continues to deny that its talc causes cancer.
Why it matters. Whether participation reaches the 95% threshold will determine whether most claims in the largest pending MDL settle or continue in litigation.
Fourth Circuit reverses class certification in Boeing 737 MAX investor suit
A Fourth Circuit panel reversed the certification of an investor class in a suit alleging that Boeing misrepresented its commitment to safety and manufacturing quality from 2021 until the January 2024 Alaska Airlines Flight 1282 door-plug incident. Applying Comcast Corp. v. Behrend, the court held that investors seeking class certification must present a class-wide damages method that fits their theory of liability rather than a generic formula.
Why it matters. In federal courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina, investors seeking class certification now face a more demanding damages showing.
Seventh Circuit: texts fall outside the TCPA's Do-Not-Call private right
In Steidinger v. Blackstone Medical Services, the Seventh Circuit affirmed the dismissal of claims by consumers who alleged they kept receiving marketing texts despite being on the National Do Not Call Registry. Looking to the ordinary meaning of 'telephone call' when the TCPA was enacted in 1991, the court held that the statute's Do-Not-Call private right of action does not reach text messages.
Why it matters. In federal courts in Illinois, Indiana, and Wisconsin, Do-Not-Call claims based on texts are now foreclosed, while courts elsewhere may decide differently.
Court upholds Twitter investor verdict against Musk, trims one statement
After a March 20, 2026 jury verdict that Elon Musk misled Twitter investors through statements in May 2022, Judge Charles R. Breyer of the Northern District of California denied Musk's requests for a new trial and to decertify the class. The court granted judgment for Musk on a May 17, 2022 statement for lack of loss-causation evidence, and approved prejudgment interest and a class notice and claims process.
Why it matters. Securities class actions rarely reach a jury, and the ruling shows how a court tests loss causation and class certification after a verdict for investors.
The case notice website lists a November 24, 2026 deadline to submit a claim. The class is defined as persons and entities who sold Twitter publicly traded stock or call options, or purchased Twitter put options, from May 13 through October 4, 2022, inclusive, and who suffered damages from the violation; eligibility and any payment are determined through the court-approved claims process.
Supreme Court leaves Texas app store age-verification law in effect
The Supreme Court declined emergency requests to lift a Fifth Circuit order allowing Texas's App Store Accountability Act to take effect while its constitutionality is litigated. The law requires app stores to verify users' ages, obtain parental consent for minors, and share age and consent status with app developers. The order does not decide whether the law is constitutional.
Why it matters. Texas's age-verification and parental-consent requirements for app downloads can be enforced while the challenge continues.
Travel app Hopper to pay $35 million to settle FTC fee allegations
Hopper agreed to pay $35 million for consumer redress to settle an FTC complaint alleging that it charged pre-selected tip and VIP Support fees without consumers' consent and misrepresented its VIP Support and Price Freeze products. The court entered the stipulated order on August 20, 2026.
Why it matters. The case targets pre-checked add-on fees and incomplete price disclosure, conduct that also appears in private consumer class actions.
Supreme Court: federal pesticide law preempts Roundup cancer-warning claim
In Monsanto Co. v. Durnell, the Court held 7-2 that the Federal Insecticide, Fungicide, and Rodenticide Act preempts a state failure-to-warn claim that would require a cancer warning not included on Roundup's EPA-approved label. The Court reversed a Missouri appellate decision that had upheld a $1.25 million verdict and returned the case for further proceedings.
Why it matters. Failure-to-warn claims are central to many pending Roundup cases; how the ruling applies to claims that do not depend on the label will be decided case by case.
Chancery applies SB 21 director-independence presumption for the first time
Ayers v. Foley is the first Court of Chancery decision applying amended Section 144(d)(2) of the Delaware General Corporation Law, added by Senate Bill 21, which presumes that directors who meet stock-exchange independence standards are disinterested. The court applied the presumption in assessing demand futility and dismissed claims over a $50 million equity grant to Fidelity National Financial's founder, while claims over 2022 to 2024 director pay survived against the compensation committee members who approved it.
Why it matters. Shareholders bringing derivative claims in Delaware face a higher pleading bar when they allege that exchange-independent directors are conflicted.
Settlement announced for most Depo-Provera meningioma claims
Plaintiffs' leadership in MDL No. 3140 (N.D. Fla.) announced a settlement with Pfizer and Pharmacia covering most claims in the MDL and in New York state court. The suits allege that the injectable contraceptive is linked to meningioma. Court orders later reported that a Master Settlement Agreement was signed in July and that about 80% of MDL plaintiffs are expected to be eligible; the dollar terms have not been disclosed.
Why it matters. Under Case Management Order No. 14, settlement registration runs through November 30, 2026, and the court set an initial bellwether trial for December 7, 2026, subject to its rulings on preemption and expert evidence.
Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death. Consult your physician before making any decision regarding prescribed medication or medical treatment. Depo-Provera remains approved by the U.S. Food and Drug Administration.
Supreme Court: no private suits under Investment Company Act Section 47(b)
In FS Credit Opportunities Corp. v. Saba Capital Master Fund, the Court ruled 6-3 that Section 47(b) of the Investment Company Act does not give private parties an implied right to sue to rescind contracts that allegedly violate the Act. The case arose from an activist investor's challenge to closed-end funds' use of control-share provisions that limit large holders' voting rights.
Why it matters. Closed-end fund shareholders lose a federal path for undoing fund governance measures such as control-share provisions.
New MDL for Boston Scientific spinal cord stimulator claims
The Judicial Panel on Multidistrict Litigation centralized federal lawsuits alleging that Boston Scientific obtained approval for its spinal cord stimulators based on published literature about other companies' devices rather than its own clinical studies and used supplemental approvals to market significantly modified devices without closer review. Alleged injuries include shocks, burns, and lead migration. The MDL (No. 3181) is before Judge Josephine L. Staton in the Central District of California; the Panel declined to create an industry-wide MDL.
Why it matters. Federal Boston Scientific stimulator injury cases now proceed before one judge; the Panel reported 29 actions pending as of September 1, 2026.
Consult your physician before making any decision regarding a medical device or treatment. Boston Scientific spinal cord stimulator systems remain approved by the U.S. Food and Drug Administration, although in 2026 the FDA classified Boston Scientific's removal of unused Infinion CX leads used with these systems as a Class I recall, which does not apply to leads already implanted.
Supreme Court: SEC disgorgement does not require proof of investor loss
In Sripetch v. SEC, a unanimous Court held that the SEC does not have to show that investors suffered a financial loss before a court orders a defendant to disgorge the proceeds of a fraud. The decision affirmed the Ninth Circuit and resolved a split with the Second Circuit, which had required that showing.
Why it matters. Disgorgement is one of the ways money is returned to harmed investors, and the ruling removes a defense argument against it.
Federal Dupixent lymphoma lawsuits centralized in New Jersey
The Judicial Panel on Multidistrict Litigation centralized federal lawsuits alleging that Dupixent (dupilumab), a biologic often prescribed for atopic dermatitis, caused or accelerated cutaneous T-cell lymphoma. The cases are now MDL No. 3180 before Judge Zahid N. Quraishi in the District of New Jersey.
Why it matters. Pretrial proceedings for federal Dupixent cases now run before one judge; the Panel reported 35 actions pending as of September 1, 2026.
Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death. Consult your physician before making any decision regarding prescribed medication or medical treatment. Dupixent remains approved by the U.S. Food and Drug Administration.
