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PRODUCT LIABILITY |
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TOP NEWS 1st Circ. Affirms Pharmacists' Guilt In Meningitis Outbreak The two pharmacists who ran a Massachusetts lab at the center of a deadly 2012 fungal meningitis outbreak had their convictions upheld by the First Circuit Thursday, but the panel also ordered a redo on their nine- and eight-year prison sentences after prosecutors appealed.
Champion Petfoods Wins Toss Of False Ad Suit A Wisconsin federal judge on Wednesday dismissed a proposed class action claiming Champion Petfoods deceptively marketed its products, saying that it would be "extraordinary" to hold the company accountable for trace amounts of bisphenol A in its dog food.
Sugar Group Pushes FDA To Regulate Alternative Sweeteners A sugar trade association is asking the U.S. Food and Drug Administration to impose stricter labeling rules on products that use non-sugar sweeteners, saying companies have been misleading consumers into thinking their products are healthier because they contain less sugar, but they may have as many or more calories thanks to the alternatives.
Williams-Sonoma Wants Thread-Count Suit In Arbitration Williams-Sonoma Inc. is asking a California federal court to send to arbitration a proposed class action alleging the company misled consumers about the thread count of its bedding, saying the proposed class representative agreed to arbitration when she made her purchases as recently as the day before she joined the suit.
Ohio Mineral Owners Say Exxon, Cos. Drilled Too Deep For Oil An ExxonMobil unit and other companies clearly violated oil and gas production contracts by drilling into geologic areas they had no right accessing, a proposed class of mineral rights owners seeking partial summary judgment has told an Ohio federal court.
Tech Tools Can Boost Auto Accident Claim Recovery It can be difficult to determine what happened and who is at fault after a vehicle accident — but attorneys and investigators can multiply the value of legal claims by moving quickly to preserve evidence and capture information with the latest technology, says Harry Kazakian at USA Express Legal and Investigative Services. The Rise Of The 'Net Impression' Test In Fla. Consumer Suits Florida federal courts' increasing use of the Federal Trade Commission’s so-called net impression test, which considers the overall essence of a product’s representation, is an overdue application of similarly constructed state consumer protection laws, says John Byrne at Leon Cosgrove. 6 Considerations When Shopping For Legal Tech Software When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate. Feature The Firms That Won Big At The Supreme Court Supreme Court oral arguments are always a high wire act. This term, a global pandemic, a docket of hot-button cases and an experiment with remote technology took the challenge to new heights. Here’s a look at the law firms that argued the most, and how they fared. Feature The Majority Of One: How Roberts Is Shaping The Court The 2019 term has removed all doubt: Chief Justice John Roberts Jr. is the power broker on the U.S. Supreme Court. But unlike past swing justices, the nation's top jurist puts the reputation of the court before his own conservative instincts and is willing to compromise when he needs to. Feature Breaking Down The Vote: The High Court Term In Review A docket packed with divisive cases. Experiments in remote oral arguments. Defining moments for the court’s new swing justice. Here, Law360 takes a data dive into the numbers behind this historic court term, when the unexpected reigned supreme. Firms Wanted PPP Money, But Will It Prevent More Cuts? Law firms accounted for a large portion of the recipients of federal bailout funds designed to save small businesses during the coronavirus pandemic, but some observers speculate that, for a number of those shops, the funds won't be enough to prevent future cuts if COVID-19 continues to drag down the market. Law Firm Leaders' 3 Biggest Worries For The Rest Of 2020 After a wildly tumultuous first half of 2020, law firm leaders are now preparing to take on whatever the second half of the year has in store. Here, leaders share their biggest worries for the remaining six months of the year. Brown Rudnick IP Litigation Team Leaves To Start New Firm The head of Brown Rudnick LLP's patent litigation practice has decamped with his team and clients in tow to launch his own firm in New York City, walking away with virtually all of Brown Rudnick's Manhattan-based patent litigation group. Miller Canfield Lays Off Attorneys Amid COVID-19 Pandemic Miller Canfield Paddock & Stone PLC has instituted layoffs and furloughs of attorneys and other employees amid the COVID-19 pandemic, according to reports. NY Bill Would Suspend Two-Fail Bar Exam Rule For Pandemic New legislation would allow New York public defender and government law graduates who have twice failed the bar exam to continue to practice under supervision for the duration of the state's ongoing coronavirus state of emergency. Chicago Federal Court Extends Remote Hearings To Mid-Sept. The Northern District of Illinois' latest COVID-19 safety order entered Friday extends remote hearings into mid-September and keeps an early August target date for jury trials to resume, and the court's two clerk's offices will reopen to the public on Monday. LA Labor Partner Accused Of Sexually Harassing Associate The head of the labor and employment practice at Los Angeles-based law firm Ivie McNeill Wyatt Purcell & Diggs APLC is facing allegations he engaged in an extended campaign of "creepy" behavior toward an associate that peaked with a "nightmarish" incident during a work trip overseas. DOJ's DuCharme Named Acting US Attorney For EDNY U.S. Department of Justice official Seth DuCharme has been tapped as acting U.S. attorney for the Eastern District of New York, U.S. Attorney General William Barr said Friday, replacing Richard Donoghue, who is in turn taking DuCharme's old job. Study Noting 'Racial Tension,' 'Nepotism' Shakes Philly Courts Court leadership in Philadelphia County on Friday vowed to take action following the release of a damning report from an outside consultant detailing "a culture of nepotism, mistrust and racial tension that is constantly brewing" for staff and judges alike. Flynn Case Paused, DC Circ. Weighing Judge's En Banc Bid The D.C. Circuit hit the brakes Friday on a panel's recent ruling instructing a federal judge to immediately grant the government's request to end the prosecution of former Trump administration national security adviser Michael Flynn as the full appeals court considers whether to rehear the matter. GC Cheat Sheet: The Hottest Corporate News Of The Week A new survey showed that corporate counsel are divided on whether they think recent work-from-home adjustments will continue or be reversed once the pandemic wanes, and a separate report revealed that more attorneys are getting comfortable with litigation funding. These are some of the stories in corporate legal news you may have missed in the past week. 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. Opinion Let's Create An Ethical Obligation For Attys To Fight Racism In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin. Podcast Law360's Pro Say: Absolutely (Not) Immune The U.S. Supreme Court ended its term with a bang this week, rejecting President Donald Trump's claim that he was absolutely immune to a subpoena for his financial records by New York state prosecutors who are pursuing a criminal investigation. Client Says Hagen Berman Pulled Fast One On Special Master A Minnesota woman told a Pennsylvania federal court that Hagens Berman Sobol Shapiro LLP used clients' protected information as "a sword and a shield" to hide its alleged wrongdoing in its report provided to a special master, who was investigating the firm's bid to drop clients suing GlaxoSmithKline and others for birth defects caused by thalidomide.
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