Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.
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TUESDAY, NOVEMBER 12, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less'

By Matthew Santoni

Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.

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Albany, NY, Nursing Home Hit With $2M Verdict Over Death

By Mike Curley

A New York federal jury has hit the Albany County Nursing Home with a $2 million verdict in a suit by a woman alleging the staff neglected her father and did nothing as he lay dying in bed.

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NC Panel Affirms Axing Sex Abuse Suit As Sanction For Delay

By Emily Sawicki

A North Carolina appeals panel found in a precedential ruling that a trial court was right to toss a man's sex abuse suit against the Roman Catholic Diocese of Raleigh as an appropriate sanction for his counsel having "deliberately and unreasonably delayed service of process." 

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Fla. Law Firms Accused Of Mishandling Brain Injury Case

By Jake Maher

Three Florida law firms are facing a malpractice suit by the victim of a car accident who claims his attorney blew his chance at a $2.5 million recovery by failing to respond to at least nine discovery requests and repeatedly missing court deadlines.

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Conn. Injury Atty Beats Referral Fee Claims At Jury Trial

By Aaron Keller

A Connecticut jury has handed Milford attorney Jill M. McGoldrick a victory in a contract and consumer protection claim by Donald M. Brown, a lawyer who sought a cut of a settlement McGoldrick obtained for a personal injury client who originally hired Brown.

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NJ Atty Accused Of Ending Assault Suit Without Client's OK

By Lynn LaRowe

A New Jersey lawyer has been slapped with a malpractice suit from a former client who alleges he not only mishandled her claims surrounding a supposed sexual assault she endured on a work trip to Atlantic City, but that he agreed to dismiss a lawsuit without informing her.

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Atty Says Ex-Colleague Can't Escape Assault Claim

By James Boyle

A former Young Conaway attorney has argued that a onetime colleague he sued did not provide enough evidence to claim she was defending her friend when she allegedly assaulted him, urging a Pennsylvania federal court to toss the defendant's motion for summary judgment.

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ENFORCEMENT

DOD Secretary's Withdrawal From 9/11 Plea Deals Overturned

By Daniel Wilson

A military judge has said U.S. Department of Defense Secretary Lloyd Austin lacked the authority to withdraw from plea agreements with the alleged main planner of the 9/11 terrorist attacks and two co-defendants that spared them the death penalty, overturning Austin's decision.

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LITIGATION

Ex-GE Affiliate Cleared In Bellwether Chemical Leak Verdict

By Mike Curley

A Louisiana jury has cleared General Electric Co. and former subsidiary Dresser LLC of liability in a bellwether suit over allegations that they improperly disposed of chemicals that contaminated the Rapides Parish area.

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Sig Sauer Customers Want Class OK In Safety Suit

By Emily Field

A law enforcement officer has asked a federal judge to certify a class of Missouri consumers who allege that Sig Sauer's P320 is defectively designed and is ready to fire as soon as a round is chambered, saying Missourians who bought the gun have been duped by Sig Sauer.

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Ga. Judge Recuses Himself From Ga. School Shooting Case

By Kelcey Caulder

The Georgia judge overseeing the Apalachee High School shooting case recused himself Wednesday due to his upcoming retirement.

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INSURANCE

State Farm Owes No Coverage For Exec In Fatal Crash Suit

By Ganesh Setty

A repair company's president who was involved in a fatal accident while driving a truck he personally owned but also used on the job can't be covered under its commercial auto policies, an Alaska federal court ruled, noting it's undisputed he was on a personal errand at the time.

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Insurer Says It Owes No Coverage For Ga. Bar Shooting Suit

By Elizabeth Daley

An insurer told a Georgia federal court that because of policy exclusions, it shouldn't have to defend a bar against a lawsuit claiming the establishment failed to provide a safe environment and is liable for the shooting death of a 28-year-old man in its parking lot.

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EXPERT ANALYSIS

High Court 'Violent Crimes' Case Tangled Up In Hypotheticals

In Delligatti v. U.S., the U.S. Supreme Court will hear arguments next week on whether attempted murder constitutes a crime of violence, and because the court’s interpretive approach thus far has relied on hairsplitting legal hypotheticals with absurd results, Congress should repeal the underlying statute, say attorneys at Patterson Belknap.

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Series

Playing Ultimate Makes Us Better Lawyers

In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

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LEGAL INDUSTRY

Herbert Smith Freehills To Merge With US-Based Kramer Levin

By Marialuisa Taddia

Herbert Smith Freehills LLP said Monday that it is joining forces with U.S. law firm Kramer Levin to form a global legal powerhouse in a move that could signal further consolidation in the sector.

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Pro Bono Spotlight

Kirkland Aiding Navy SEAL Nonprofit's Governance Policies

By Tracey Read

Kirkland & Ellis LLP capital markets partner Bob Hayward actively counsels pro bono the Navy SEAL Foundation, a nonprofit that provides over 30 programs for SEALs, veterans and their families. Hayward talked to Law360 Pulse ahead of Veterans Day on why he chooses to give his time to the cause.

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Fla. Law Firm Gunster To Pay $8.5M Over 2022 Data Breach

By Rae Ann Varona

Florida corporate law firm Gunster has agreed to shell out $8.5 million to resolve a proposed class action alleging it failed to properly safeguard the personal information of nearly 10,000 clients, employees, and other individuals from cybercriminals, according to a motion to preliminarily approve the deal filed in Florida federal court.

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SDNY Judge To Assume Senior Status As Trump Takes Office

By Hailey Konnath

U.S. District Judge Valerie Caproni said Friday she plans to take senior status in January, a departure that could leave another vacancy for President-elect Donald Trump to fill on the Southern District of New York bench when he returns to office.

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Biden Announces SDNY Judicial Pick As Lame Duck Kicks Off

By Courtney Buble

President Joe Biden announced judicial nominees for the Southern District of New York and the District Court of Guam on Friday night.

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Judiciary Advisers Back Development Of AI Evidence Rules

By Jeff Overley

The federal judiciary's advisory panel for evidentiary issues agreed Friday to develop rules aimed at strengthening scrutiny of testimony and materials derived from artificial intelligence systems, saying AI-generated information should meet the same reliability standards that apply to expert witnesses.

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Interview

High Court Bar's Future: Arnold & Porter's Allon Kedem

By Jeff Overley

Allon Kedem is a familiar face at the U.S. Supreme Court, with a baker's dozen arguments and the rare distinction of two clerkships, and his face is usually smiling when cases end, thanks to a laudable 10-3 record. All that, plus a resume chock-full of bipartisan bona fides, is why he's among 12 leading attorneys in the Supreme Court's next generation of sought-after oral advocates.

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Meet The Attys Arguing Nvidia Securities Case At High Court

By Jessica Corso

Two former BigLaw colleagues and a onetime Consumer Financial Protection Bureau litigator are set to appear before the U.S. Supreme Court on Wednesday to argue a closely watched case that could change the pleading standards shareholders have to meet to sue companies like Nvidia Corp.

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Analysis

How Trump Could Turn The Government Against Jack Smith

By Phillip Bantz

Special counsel Jack Smith and his team of prosecutors could face politically motivated retribution by President-elect Donald Trump and his allies in the form of a congressional investigation, a U.S. Department of Justice probe and even criminal prosecution, according to experts.

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DC Judge Freezes Election Subversion Case Against Trump

By Ali Sullivan

A D.C. federal judge on Friday wiped out the schedule in the case accusing President-elect Donald Trump of plotting to overturn the 2020 election, granting a postelection request from the special counsel's office prosecuting the case.

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Gov't Union Continues Organizing Push For DOJ Attys

By Beverly Banks

Attorneys in the U.S. Department of Justice's civil rights and environment divisions are stepping up their efforts to organize with the National Treasury Employees Union, the union confirmed Friday, as federal workers brace for coming changes under President-elect Donald Trump's new administration.

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Conn. AG Building Abortion Rights 'Firewall' With Firms' Help

By Brian Steele

Connecticut's Democratic attorney general has joined a multistate partnership with a pro-choice nonprofit and law firms including Silver Golub & Teitell LLP and Koskoff Koskoff & Bieder PC as part of what he described Friday as a "firewall" to protect abortion access during a second Trump administration.

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Mark Zuckerberg Beats Liability In Social Media MDL

By Emily Field

A California federal judge dismissed claims against Mark Zuckerberg in multidistrict litigation alleging Meta concealed social media's risks to young users, finding that plaintiffs failed to show Zuckerberg directly participated in or authorized the alleged concealment despite his control over the company.

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Sullivan & Cromwell Fees Questioned In Kidde-Fenwal Ch. 11

By Emily Lever

Sullivan & Cromwell LLP and the attorney general of California clashed in Delaware bankruptcy court over the firm's interim fee requests for its representation of debtor chemical company Kidde-Fenwal Inc., with the state alleging overbilling and Sullivan & Cromwell claiming California is seeking "payback" for the results of a recent mediation.

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Clifford Law Sues Ex-Partner For Allegedly Poaching Clients

By Rose Krebs

An Illinois firm specializing in personal injury and wrongful death cases has accused a former partner of stealing clients when he left the firm in February and not making appropriate arrangements for his former firm to get fees for certain cases.

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Ex-Elanco IP Lawyer Lodges Gender Discrimination Suit

By Rachel Scharf

A female former in-house intellectual property lawyer at Elanco Animal Health Inc. sued the pharmaceutical company for gender discrimination in Indiana federal court, alleging she was passed over for a promotion in favor of a less qualified man who later mistreated the women on staff.

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Chancery Rejects $2.4M Fee Request In 'Poison Pill' Case

By Jeff Montgomery

Cautioning that class attorneys in virtual lookalike settlements shouldn't expect to match big, early fee awards, a Delaware vice chancellor on Friday approved a $300,000 attorney fee — downsized from a $2.4 million request — for those who secured a company agreement to scuttle an overreaching shareholder rights "poison pill."

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Law360's Legal Lions Of The Week

By Andrea Keckley

Wilson Sonsini Goodrich & Rosati PC and Potter Anderson & Corroon LLP lead this week's list of Law360 legal lions for helping a California biotech startup beat a nearly $460 million trade secrets trial before a federal jury in Delaware.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Most in-house attorneys in a new survey are looking to advance their career by moving elsewhere. And antitrust heads the list of legal areas where general counsel can expect change under the upcoming Donald Trump administration.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen collapsed German airline Air Berlin take action against its former auditor KPMG, the associate editor at The Spectator hit with a libel claim by a mosque over the far-right riots that took place in August and British licensing authority the Performing Right Society sue Parklife Manchester and four other festival organizers. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Akerman LLP

Alston & Bird

Arnold & Porter

Barclay Damon

Berman Law Group

Bernstein Litowitz

Birketts LLP

Botkin Chiarello

Brown Rudnick

Burke Scolamiero

Bursor & Fisher

Cahill Gordon

Clifford Chance

Clifford Law Offices

Clyde & Co

Cohen Milstein

Costello & Mains

Covington & Burling

Crowell & Moring

Curcio & Casciato

DLA Piper

DWF LLP

DarrowEverett

Davis Polk

Day Pitney

DeLaney & DeLaney LLC

Debevoise & Plimpton

Dilworth Paxson

Dolman Law Group

Emery Celli

Faircloth Melton

Faruqi & Faruqi

Fields Howell

Fields Kupka

Foley Hoag

Foulston Siefkin

Gibson Dunn

Glancy Prongay

Goodwin Procter

Gordon Rees Scully Mansukhani

Goulston & Storrs

Gunster Yoakley

Gupta Wessler

Hanamirian Firm

Herbert Smith Freehills

Hill Dickinson

Hogan Lovells

Horwich Farrelly

Ingaldson Fitzgerald

Irwin Mitchell

Jones Day

Jones Walker

Joseph Hage Aaronson

Kennedy Johnson Schwab

Kessler Topaz

King & Jurgens

King & Spalding

Kirkland & Ellis

Koskoff Koskoff

Kramer Levin

Lanier Law Group

Latham & Watkins

Lauro & Singer

Lawrence & Associates

Lear Werts

Lieff Cabraser

Mintz Levin

Mishcon de Reya

Morgan & Morgan

Morgan Lewis

Morris Nichols

Motley Rice

Much Shelist

Nelson Mullins

O'Melveny & Myers

Orrick Herrington

Patterson Belknap

Paul Weiss

Penningtons Manches

Pierson Ferdinand LLP

Potter Anderson & Corroon LLP

Poyner Spruill

Quinn Emanuel

RM Law PC

Rapides Parish

Reed Smith

Ropes & Gray

Segal McCambridge

Shepherd & Wedderburn

Sidley Austin

Silver Golub

Simpson Thacher & Bartlett LLP

Skadden Arps

Spratt Endicott

Sullivan & Cromwell

Taylor Rose

Vorys

Wedlake Bell

Weil Gotshal

White & Case

Wiggin & Dana

Williams Dirks

WilmerHale

Wilson Sonsini

Wilsons Solicitors

Wood Herron

Wright Hassall

Young Conaway

gunnercooke LLP

COMPANIES IN TODAY'S NEWS

ABB Asea Brown Boveri Ltd.

AT&T Inc.

Air Berlin PLC

Air Transport Services Group, Inc.

Alaska National Insurance Co.

American Bar Association

American Civil Liberties Union

Association of Corporate Counsel

Baker Hughes Co.

Balfour Beatty PLC

Bayer AG

Bragg

Broadcom Inc.

ByteDance Ltd.

Catholic Charities of the Diocese of Raleigh

Center for American Progress

Centrus Energy Corp.

Coinbase Global Inc.

Commercial Metals Co.

Computershare Ltd.

Dell Technologies Inc.

E.ON UK PLC

Elanco Animal Health Inc.

Etihad Airways PJSC

FTI Consulting Inc.

Fenwal Inc.

Ford Motor Co.

Fordham University

Frito-Lay Inc.

General Electric Co.

Google LLC

Halliburton Co.

I-Mab Biopharma Co. Ltd.

Ingersoll-Rand Co.

Inhibrx

Instagram Inc.

JPMorgan Chase & Co.

Johnson & Johnson

KPMG International

Kinsale Insurance Co.

Lambda Legal Defense & Educational Fund

Lattice Semiconductor Corp

LinkedIn Corp.

Los Alamos National Laboratory

Lutron Electronics Co. Inc.

Meta Platforms Inc.

Michigan Milk Producers Association

Microsoft Corp.

NASDAQ Inc.

NVIDIA Corp.

National Rifle Association of America

National Treasury Employees Union

PPC Broadband Inc.

PepsiCo Inc.

Perion Network Ltd.

Planned Parenthood Federation

Power Home Solar LLC

Public Citizen Inc.

Regeneron Pharmaceuticals Inc.

Sandoz International GmbH

Snap Inc.

Solicitors Regulation Authority Ltd.

Stonepeak Infrastructure Partners

Straumann Holding AG

T-Mobile US Inc.

Tesla Inc.

The Bank of New York Mellon Corp.

The Williams Cos. Inc.

Thomson Reuters Corp.

TikTok Inc.

United Therapeutics Corp.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

Central Command

Central Intelligence Agency

Connecticut Attorney General's Office

Consumer Financial Protection Bureau

Cook County Circuit Court

Delaware Court of Chancery

Department of Defense Office of Military Commissions

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Judicial Center

Federal Labor Relations Authority

Federal Trade Commission

Georgia Public Defender Council

Guam Attorney General's Office

Internal Revenue Service

National Labor Relations Board

New Jersey Court

New Jersey Supreme Court

New York Attorney General's Office

Patent Trial and Appeal Board

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Eastern District of New York

U.S. Bankruptcy Court for the District of Delaware

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Defense

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the District of Alaska

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Louisiana

U.S. District Court for the Western District of Missouri

U.S. Navy

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

UK High Court

United States District Court for the Eastern District of Washington

United States District Court for the Southern District of Indiana