Legal & Privacy Brief

Today: The Supreme Court faces another emergency appeal from the Trump administration over mail-in ballot restrictions after a federal judge in Massachusetts issued a preliminary injunction blocking USPS rule implementation. Burlington Coat Factory faces a new class action over automatic meal break deductions and unpaid overtime. No significant privacy enforcement or regulatory guidance today.

Litigation Updates

Trump Administration v. California et al. -- USPS Mail-in Ballot Rule Challenge

The Trump administration filed its third Supreme Court emergency application in six weeks on September 7, seeking to pause U.S. District Judge Indira Talwani's preliminary injunction blocking enforcement of new USPS mail-in ballot rules in 23 states and D.C. The rules, implementing a March 2026 executive order, require states to submit voter data to a USPS portal and comply with ballot envelope design requirements. Talwani's August 27 temporary restraining order was converted to a preliminary injunction on September 5. The Supreme Court previously allowed implementation to proceed in an unsigned August opinion finding the challenge premature, but Talwani issued new relief after the USPS rule took concrete form. The case turns on whether the executive order conflicts with constitutional provisions granting states authority over voter eligibility and the "Times, Places, and Manner" of congressional elections (Art. I, Sec. 4).

• Source: SCOTUSblog

Burlington Class Action -- Unpaid Wages and Meal Break Violations

Burlington Coat Factory Warehouse faces a new class action alleging the retailer shorted hourly employees on overtime pay by automatically deducting meal breaks that workers were never fully permitted to take. The practice of auto-deducting break time regardless of whether employees received uninterrupted breaks is a recurring wage-and-hour theory under state labor codes, particularly California Labor Code Sections 226.7 and 512.

• Compliance Action: Employers using automatic meal break deductions should audit timekeeping systems to confirm employees actually receive duty-free breaks. Consider requiring employee attestation at clock-out confirming breaks were taken.
• Source: Top Class Actions

Mead Johnson Prevails in First NEC Bellwether Trial

A federal jury in Illinois returned a defense verdict for Mead Johnson in the first bellwether trial of multidistrict litigation alleging its infant formula caused necrotizing enterocolitis (NEC) in premature infants. The verdict sets a favorable precedent for the defense in remaining consolidated cases but does not dispose of the broader MDL.

• Source: Top Class Actions

Allstate Rental Car Reimbursement Class Action

Policyholders filed a class action alleging Allstate Property and Casualty Insurance Company promised full rental car reimbursement but refused to pay the rate it negotiated with its own preferred vendor, leaving insureds to cover the gap.

• Source: Top Class Actions

Compliance Takeaways

• State election administrators in the 23 plaintiff states should not comply with USPS ballot envelope design or voter data portal requirements while Talwani's preliminary injunction remains in effect. Monitor the Supreme Court docket for a ruling on the emergency stay application.
• Employers with automatic meal break deductions should audit timekeeping policies now. Auto-deducting 30-minute breaks without verifying employees were fully relieved of duty creates class action exposure, particularly in California and other states with strict meal/rest break statutes.
• Insurance policyholders disputing rental reimbursement shortfalls should document the gap between Allstate's negotiated vendor rate and the amount actually reimbursed, as the Burlington and Allstate class actions signal continued plaintiff-side activity in consumer protection litigation.
• Product liability defendants in MDL proceedings can point to the Mead Johnson defense verdict as persuasive authority, though individual case facts will control outcomes in remaining bellwether trials.