READY FOR SLOT Delaware’s Supreme Court on Monday shot down as too late an investor group’s bid to file a friend of the court brief in a closely watched appeal involving Walmart Corp., bribery in Mexico and the multi-jurisdictional fallout from stockholder derivative suit dismissals.
More than 1,000 people who claim Pfizer Inc. failed to properly warn patients using the company’s drug Depo-Testosterone that they could suffer a heart attack or other injury asked the Seventh Circuit on Monday to give them another shot at suing the drug manufacturer.
The Second Circuit said Friday it will not reconsider a decision to toss a Telephone Consumer Protection Act suit accusing the lending arm of Lincoln Motor Co. of barraging a borrower with calls he had no longer consented to receive, affirming a decision that the TCPA is silent on the issue of withdrawing consent for such calls.
A New Jersey federal judge on Friday signed off on a $61.5 million agreement to end allegations Sanofi Pasteur Inc. unlawfully bundled its pediatric vaccines, with $20.5 million going toward doctors’ attorneys’ fees and $7.2 million covering expense reimbursement.
The last remaining consumer in a New Jersey federal suit accusing BMW, VW and other German luxury-car makers of a decadeslong antitrust conspiracy formally dropped her claims Monday, but they will play out alongside three similar cases recently centralized in Northern California.
A proposed class of consumers hit Target Corp. with a false advertising suit in California federal court Friday, alleging the retail giant marketed faux leather furniture as genuine leather products and misled consumers about the quality and life span of the furniture.
Darden Restaurant Inc.'s Seasons 52 restaurant chain on Friday urged a Florida federal judge not to broaden the scope of the first stage of a trial in an Equal Employment Opportunity Commission age discrimination suit against it, saying the EEOC’s request for a change offers no compelling grounds.
Annie's Homegrown Inc. and General Mills Inc. asked a California federal court Friday to dismiss a proposed class action alleging they deceptively market salad dressings with labels claiming they are “natural” although they contain a synthetic ingredient, claiming there is already a suit just like it.
A former Chadbourne & Parke LLP partner who has come forward with gender discrimination claims against the firm could be added to a proposed class action being pursued by three other lawyers if her claims aren’t settled, a New York federal judge was told Friday.
A California federal judge Friday refused to grant preliminary approval to a $6.2 million deal between MagnaChip Corp.'s majority shareholder and the semiconductor products maker's common stock investors who sued for securities fraud, saying the settlement didn't include how much could be recovered at trial.
Honda won’t have to face a proposed nationwide class of consumers alleging the interior of their CR-V sport utility vehicles occasionally smelled like an “open pool of gasoline,” an Illinois federal judge said last week, but must otherwise defend itself against most claims brought by four proposed state subclasses.
State Street Corp. urged a Massachusetts federal court Friday to toss a proposed class action alleging the bank overcharged clients and thus reported inflated revenue and profits in its financial statements, saying any errors in its financial reporting were too small to be material.
The Eighth Circuit on Friday denied UnitedHealth Group Inc. an en banc rehearing of its decision that the health insurance giant's excess insurers don’t have to contribute to the $350 million it is shelling out to settle two class actions.
A proposed class action that accused Goldman Sachs Group Inc. of using a practice called “last look” to cheat traders on its foreign exchange platforms has been dropped, making it the third of six similar cases to be withdrawn in the past two months.
A Treasury Department report on Monday took a swipe at the Consumer Financial Protection Bureau’s arbitration rule, providing more ammunition for financial firms challenging the rule in court even as a move to nullify it in Congress appears on the ropes.
Milwaukee Bucks dancers renewed their bid to resolve their suit accusing the NBA team of failing to pay them overtime and minimum wages, urging a Wisconsin federal judge Friday to approve a more detailed settlement three months after their first attempt was shot down.
Four Qualcomm Inc. executives escaped allegations they rushed a defective mobile chip to market after a California federal judge on Friday trimmed investors’ class action lawsuit, ruling they failed to prove the tech giant’s top brass lied about the chip in a way that cost shareholders money.
A California federal judge on Thursday tossed claims against Jackson Hewitt Inc. and Tax Services of America Inc. over a franchisee that allegedly manipulated customers’ tax returns and kept ill-gotten refunds, but said the putative class could try amending its complaint to show the companies participated in the scheme.
Pop Warner Little Scholars Inc. shed part of a lawsuit Friday alleging it lacked procedures to protect young football players from head trauma, but will face parents' negligence and fraud claims on the grounds the nonprofit football group misrepresented its safety protocols.
A Skechers investor hit the shoe company with a putative stock-drop class action in New York federal court Friday, alleging it overstated its projected sales growth despite knowing that a slowdown at a port would hurt its shipping abilities, ultimately causing shares to fall 31.5 percent.
Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.
After the Third Circuit's recent decision in the Asbestos Products Liability Litigation case, manufacturers within the court's jurisdiction should not expect claims against them to be dismissed under a “bare metal" defense, unless they can show that they could not have known that asbestos would later be added to their products, says Cory Lapin of Manion Gaynor & Manning LLP.
Financial Crisis Anniversary
The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.
There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.
Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.
Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.
In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
Hamer v. Neighborhood Housing Services of Chicago questions whether the time limit on a district court’s authority to extend the deadline for filing a notice of appeal is jurisdictional. Based on the questions at argument before the U.S. Supreme Court last week, the court appears likely to adhere to the principle articulated in some of its recent cases, says Eric Miller of Perkins Coie LLP.