In a recent letter to a U.S. senator, National Hockey League Commissioner Gary Bettman dismissed any link between hockey and the degenerative brain condition known as CTE, citing a lack of scientific certainty, but some attorneys say the commissioner may have gone too far even as the league faces multidistrict litigation over the effects of head injuries.
A New Jersey federal judge on Wednesday allowed 79 people in a suit alleging they suffered gastrointestinal injuries after taking Daiichi Sankyo Inc.’s blood pressure drug Benicar to move their case back to Missouri state court or refile, as the court doesn’t have jurisdiction over the claims, which are part of multidistrict litigation.
Two proposed class action suits claiming Raymond James & Associates was involved in a fraudulent scheme targeting EB-5 investors in Vermont's Jay Peak ski resort were voluntarily dismissed without prejudice by the plaintiffs in the Green Mountain State and Florida in the last week.
Fiat Chrysler on Wednesday urged an Illinois federal court to stay proceedings and force arbitration in a proposed class action alleging the automaker's vehicles have a defective internet connectivity system that allows hackers to take control, saying it only recently discovered an arbitration agreement existed with the plaintiffs.
A California judge on Wednesday tentatively certified a class of thousands of workers at company-run McDonald’s stores alleging the company shorts them on overtime and doesn't reimburse uniform expenses, but tentatively decided not to grant certification on claims of missed rest and meal breaks.
An Indiana federal judge on Wednesday certified a nationwide class of cellphone owners alleging they received unsolicited, autodialed calls from Navient Solutions Inc., rejecting the student loan servicer's contentions that individual circumstances in each call's case weren't suitable for class treatment.
A Massachusetts federal judge on Wednesday said that Amphastar Pharmaceuticals Inc. cannot bring federal antitrust claims against Momenta Pharmaceuticals Inc. for allegedly suppressing competition of sales of a generic blood clot drug because its alleged injury stems from a prior court-issued injunction, immunizing Momenta from suit.
The Third Circuit on Wednesday affirmed a lower court's decision requiring a law firm to put a percentage of its proceeds into a common benefit fund after it helped settle a batch of Illinois state product liability suits over GlaxoSmithKline’s diabetes drug Avandia.
General Mills on Wednesday defeated a proposed class action concerning supposedly gluten-free Cheerios that had been made with the wrong flour, receiving dismissal from a federal judge who derided the suit as "creative."
Breach of duty claims against the board of directors of Yahoo Inc. survived a motion to dismiss Wednesday in Delaware Chancery Court, as a judge found that the suing shareholders have sufficiently pleaded their claims regarding a large severance package issued to a fired executive.
The New Jersey Supreme Court on Tuesday agreed to consider related appeals about whether class certification is appropriate in separate lawsuits alleging a restaurant chain violated state consumer protection laws by not including drink prices on its menus.
Bernstein Litowitz Berger & Grossmann LLP, which represents investors alleging that Valeant Pharmaceuticals International Inc. illegally tipped Pershing Square Capital Management LP to a proposed merger, urged a California federal judge on Tuesday to reject Pershing's subpoena, calling it a bid to “distract” the firm.
A Florida federal judge Tuesday denied a motion to dismiss a putative class action against building materials supplier Cemex, ruling that Deere Construction LLC's allegations that Cemex charged deceptive surcharge fees to clients are substantive enough to proceed with the case.
Wolfgang’s Steakhouse and ZMF Restaurants on Wednesday sought to dismiss a proposed class action accusing them of violating the federal Fair and Accurate Credit Transactions Act by printing credit card expiration dates on customers’ receipts, saying the lack of actual harm is fatal under recent U.S. Supreme Court precedent.
A California federal judge on Tuesday certified a class of applicants who say background check company S2Verify unlawfully included obsolete criminal information on their reports in violation of the Fair Credit Reporting Act, saying the alleged harm meets the tests established by the U.S. Supreme Court in May's Spokeo decision.
General Motors intends to ask the U.S. Supreme Court to review a Second Circuit decision that opened it to liability claims related to ignition switch defects if the full appeals court doesn't modify or reverse the decision, according to a joint statement the parties in a New York product liability class action sent to the judge Monday.
Federal employees affected by last summer's sweeping hack of government personnel databases defended their class action against the Office of Personnel Management on Wednesday, saying the office has downplayed the workers' constitutional rights.
Four proposed class actions brought by residents of an upstate New York village who blame Honeywell and plastics maker Saint-Gobain for the presence of a dangerous chemical in their water system were consolidated by a New York federal judge on Wednesday.
General Motors LLC on Tuesday defended its use of accident and toxicology experts against objections from a Kentucky woman suing the company in New York federal court over her car’s allegedly faulty ignition switch, arguing that the experts are vital to determining whether driver error and intoxication caused the wreck.
A South Dakota prosecutor targeted by two tribes and their members over procedures for the removal of Native American children from their parents’ custody said Tuesday that they shouldn’t be able to seek an additional judgment against him after winning a prior one.
Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.
In honor of the recent Major League Baseball All-Star Game, this month’s column will name its own all-star team — four multidistrict litigations, across various categories, that changed or are changing the game, says Alan Rothman of Kaye Scholer LLP.
A Second Circuit decision in Mazzei v. The Money Store reiterates that class action defendants have the opportunity to successfully challenge class certification even after trial. The decision may embolden defense counsel and their clients to not be so quick to settle, say attorneys with Akin Gump Strauss Hauer & Feld LLP.
Bankruptcy Code Section 363 offers a powerful tool for a debtor in bankruptcy to sell its assets free and clear of liens and other interests. However, as the Second Circuit's recent decision in the Motors Liquidation Company case underscores, this power is not without limit, say Darren Azman and Megan Preusker at McDermott Will & Emery LLP.
While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.
We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.
It would be unreasonable and unjustified for a defendant, or its counsel, to face retaliatory litigation simply for attempting to exercise removal rights to federal court. Nonetheless, that’s exactly what's happening in an ongoing mass tort case in West Virginia, say Christine Kain and Kevin Morrow at Faegre Baker Daniels LLP.
Since 2014, more than 10 class actions have been filed alleging price-fixing conspiracies among numerous generic drug manufacturers. However, while large price increases such as those alleged in these cases may be concerning, they could simply reflect market dynamics and do not necessarily imply any illegal behavior, say Ceren Canal Aruoba and Sally Woodhouse at Cornerstone Research.
Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.
EB-5 is a wonderful program. Unfortunately, a small but increasing number of EB-5 projects have gone awry, leaving investors in a very difficult situation. Ronald Klasko of Klasko Immigration Law Partners LLP addresses issues that receivers and litigators need to understand in order to properly represent the interests of investors.