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Product Liability
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March 22, 2024
Robitussin Buyers' Lack Of Receipts Dooms Labeling Cert.
A New York federal judge on Thursday denied class certification in litigation claiming GlaxoSmithKline lied about the "Maximum Strength" label on certain Robitussin cough syrup products, saying although the plaintiffs' lack of receipts does not warrant GSK's bid for summary judgment, it's enough to dismiss the customers' request for certification.
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March 22, 2024
Up Next At High Court: Abortion, Jury Trials And Estate Tax
The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.
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March 22, 2024
Youths Ask 9th Circ. To Allow Climate Trial To Proceed
Youth plaintiffs called on the Ninth Circuit to once again reject the U.S. government's renewed attempt to block a trial that's set to proceed in Oregon federal court over government policies they claim have exacerbated climate change and imperiled their futures.
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March 22, 2024
Social Media MDL Jury Issue Put On Hold For Justices' Ruling
A California federal judge said Friday that she will await the U.S. Supreme Court's anticipated decision in SEC v. Jarkesy before deciding whether states' claims in multidistrict litigation over social media platforms' allegedly addictive design must go to a jury, after the plaintiffs' counsel argued that the case before the high court could implicate tech companies' Seventh Amendment rights.
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March 22, 2024
Apple AirTag Judge Open To Injunctive Cert. In Stalking Suit
A California federal judge overseeing claims that Apple Inc. failed to safeguard its AirTag tracking device from being abused by stalkers said Friday it's "exceedingly unlikely" a proposed damages class will be certified, but a proposed class seeking injunctive relief is likely to snag certification, at least on some claims.
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March 22, 2024
Bestwall Says 'Texas Two-Step' Irrelevant To Asbestos Ch. 11
Bestwall, the bankrupt asbestos unit of Georgia-Pacific, told the U.S. Supreme Court Friday that a pre-bankruptcy corporate restructuring in Texas that separated its asbestos liability from the parent business should not matter in determining whether a bankruptcy court has jurisdiction over the subsidiary's asbestos injury claims.
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March 22, 2024
5th Circ. Axes EPA's PFAS Enforcement Against Plastic Co.
The Fifth Circuit threw out two enforcement actions against a Texas plastic-container manufacturer that the U.S. Environmental Protection Agency accused of creating perfluoroalkyl and polyfluoroalkyl substances in its manufacturing process, saying the agency exceeded its statutory authority.
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March 22, 2024
Final OK Sought For Economic Loss Deal In CPAP Recall MDL
Users of Philips' recalled CPAP breathing machines have asked a Pennsylvania federal judge to give her final OK to their $467.5 million settlement with the company to cover economic loss claims, arguing only a few objections to the deal remain.
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March 22, 2024
Ill. Justices Won't Stop Exec Email Defamation Suit
A Chicago software company must face a defamation suit over two anonymous, disparaging emails sent to a competitor's executives, Illinois' top justices have ruled, finding a company's reputation can be harmed even by messages sent only to top-level leaders.
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March 22, 2024
200K Toyota Camry Drivers Ink Deal Over Smelly HVAC
A certified class of 200,000 Toyota Camry XV50 drivers alleging a defect caused their cars' HVAC systems to emit foul odors asked a California federal judge Thursday to preliminarily approve a settlement which includes up to $100 reimbursement for out-of-pocket costs to replace and install charcoal filters.
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March 22, 2024
Firearms Co. Agrees To Dissolve Amid Conn. 'Ghost Gun' Suit
One of four firearms companies that the Connecticut attorney general sued in 2023 over the online sale of "ghost gun" parts has stopped operating and agreed to dissolve, according to a stipulated judgment that would release Florida-based Steel Fox Firearms Inc. from the litigation.
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March 22, 2024
Feds Can't Explain Away Flawed LNG Rule, DC Circ. Told
Conservation groups and a dozen-plus states are urging the D.C. Circuit to throw out a rule allowing liquefied natural gas to be transported by rail, saying the Pipeline and Hazardous Materials Safety Administration glossed over safety, environmental justice and climate concerns, and now asks for deference it doesn't deserve.
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March 22, 2024
Push For Camp Lejeune Jury Trials Seen As Long Shot
The legal strategy to secure jury trials in the massive Camp Lejeune water contamination case hangs on a single phrase in a special law stating "nothing" shall impair such trials, but the plaintiffs' gambit is a long shot because Congress didn't go far enough in creating a framework for such trials against the government.
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March 22, 2024
Supermarket Chain Can't Flush Class Suit Over Wipes
A federal judge on Friday declined to toss a Massachusetts man's proposed class action against Stop & Shop that accused the supermarket chain of falsely marketing its store-brand cleansing wipes as "flushable."
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March 22, 2024
Ex-Drug Rep Won't Serve More Time After 1st Circ. Victory
The second sentencing of a former Aegerion Pharmaceuticals Inc. salesman did not add a day in prison to the roughly seven months he served before the First Circuit wiped away his initial conviction on charges he schemed to fraudulently sell the company's cholesterol treatment.
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March 22, 2024
LifeCell Cleared Of Liability In NJ Strattice Hernia Mesh Trial
New Jersey state jurors on Friday cleared LifeCell of liability in a Kentucky woman's suit alleging the design of its Strattice surgical mesh is defective and caused a hernia to reoccur and ultimately resulted in "life-altering" surgery, giving the medical device company the first win in a venue with at least 93 pending cases with tort claims over the mesh.
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March 21, 2024
5th Circ. Backs FDA's Vivid Warnings Of Cigarette Dangers
Government mandated text warnings and graphic images on cigarette packs to advertise the health risks of smoking do not violate the free speech rights of R.J. Reynolds Tobacco Co. and other cigarette manufacturers, the Fifth Circuit ruled Thursday, saying the warnings are "factual and uncontroversial" and pass constitutional muster.
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March 21, 2024
'Sit Down!' DC Judge Snaps At Atty Over False Ad Defense
Oral arguments over footwear nearly got an attorney kicked out of court Thursday, as a D.C. federal judge told a defense counselor to "Sit down!" for making "snide remarks" before ultimately denying most of his motion to dismiss a Federal Trade Commission suit alleging deceptive advertising.
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March 21, 2024
MDL Claims Over Merck's Gardasil Vax Get Trimmed
Pharmaceutical giant Merck need not face many of the claims by patients who allege their autoimmune conditions were caused by its HPV vaccine, a North Carolina federal judge overseeing multidistrict litigation ruled, saying the National Childhood Vaccine Injury Act bars most claims made in the first two bellwethers.
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March 21, 2024
Social Media Cos. 'Can't Hold Back' Execs In MDL, Judge Says
A California federal magistrate judge warned social media companies Thursday that they must disclose relevant executive witnesses in high-stakes multidistrict litigation over social media's allegedly addictive design after plaintiffs' counsel complained that Meta and Snap's CEOs weren't identified in initial disclosures, telling defense counsel "you can't hold them back."
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March 21, 2024
AGs Urge Congress To Address Hemp Intoxicants In Farm Bill
A bipartisan coalition of 21 attorneys general is urging Congress to address what the state officials call a public health and safety crisis by amending federal hemp policy to clarify that intoxicating products derived from hemp extracts are not legal under federal law.
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March 21, 2024
Tribe's Opioid Suit Can Head To State Court, Okla. Judge Says
An Oklahoma federal magistrate judge has granted the Cherokee Nation's bid to move to state court its suit accusing pharmaceuticals distributor Morris & Dickson of flooding the tribe's communities with opioids, saying the company only fulfilled one of four prongs necessary for establishing federal jurisdiction.
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March 21, 2024
Judge Worries Clothing PFAS Theory Could Open Floodgates
An Illinois federal judge seemed unsure Thursday whether he will allow consumer fraud claims to proceed against a children's clothing store that sells allegedly contaminated uniforms, suggesting the plaintiffs' liability theory could open the door too wide for future suits.
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March 21, 2024
Gun Rights Org., Pa. DA Seek To Block Pot Patients' Gun Ban
A Pennsylvania prosecutor and a gun rights organization have asked a federal judge to block enforcement of policies that prohibit licensed medical marijuana patients from owning firearms, saying the ban violates the patients' Second Amendment rights.
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March 21, 2024
Asbestos Claimants Balk At Subpoena For Claims Data
The asbestos injury claimants in the two Chapter 11 cases of CertainTeed spinoff DBMP LLC and Aldrich Pump LLC have asked a North Carolina judge to reject DBMP's request to access Aldrich Pump's asbestos claims records, saying it is unnecessary and invading the claimants' privacy.
Expert Analysis
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Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Lessons From Verizon's Cybersecurity FCA Self-Disclosure
A Verizon unit’s recent agreement to settle allegations of cyber-related False Claims Act violations illustrates the interplay between the government's prioritization of cybersecurity enforcement and the potential benefits of voluntarily disclosing cybersecurity failures, says Denise Barnes at Honigman.
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EPA's Final PFAS Rule Greatly Expands Cos.' Reporting Duties
The U.S. Environmental Protection Agency's recently released final regulation requiring reporting by entities that have manufactured or imported products containing per- and polyfluoroalkyl substances will require considerable time and attention from affected companies — including many that have not previously faced such obligations, say Lawrence Culleen and Judah Prero at Arnold & Porter.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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New Calif. Hemp, CBD Rules Affect Nationwide Compliance
Because of its huge market share, it is imperative that operators in every state understand the nuances of California's hemp and CBD regulatory regime, including policies refined over the past year and pending legislation that would allow cannabis licensees to sell, manufacture and distribute hemp and CBD products, say Alexis Lazzeri and Meital Manzuri at Manzuri Law.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Opinion
Science On Human Health Effects Of PFAS Is Still Inconsistent
Per- and polyfluoroalkyl substances have soared to the top of environmental regulatory agendas, and dominated environmental news headlines — but scientific research into causal relationships between PFAS exposure and adverse human health effects is still unclear and inconsistent, say Jeffrey Dintzer and Samantha Van Winter at Alston & Bird.
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Navigating Over-The-Counter Product Ads After FTC Warning
Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.
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AGs' Distaste For Food Bill May Signal Other State Issues
States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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FDA's Lab-Developed Test Rule Faces High Hurdles
The U.S. Food and Drug Administration's recently announced plans to explicitly regulate lab-developed tests will likely face resistance from industry stakeholders and congressional actions, and lead to significant litigation, say attorneys at Hogan Lovells.
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Justices Could Use Purdue To Resolve Related Circuit Split
The U.S. Supreme Court will soon hear Harrington v. Purdue Pharma to determine the validity of nonconsensual third-party releases in bankruptcy, but justices should also take the opportunity to resolve a related circuit split over the constitutional authority of bankruptcy judges to issue final rulings on such releases, says Benjamin Feder at Kelley Drye.
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Cases Linking Baby Food, Autism Pose Causation Challenges
Major baby food producers are now in the crosshairs of regulators, consumer advocates and plaintiffs attorneys over allegations their products contain heavy metals that harm children's development — but it will be difficult for plaintiffs to establish causation, as shown by the lengthy court battles over tobacco and talc, says Vineet Dubey at Custodio & Dubey.