A Tennessee federal judge has given final approval to a settlement to end consumer claims stemming from a rodent infestation at a Family Dollar Stores Inc. warehouse, but denied a bid by class counsel for $10 million in fees.
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WEDNESDAY, MAY 8, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Attys Denied $10M Fees As Family Dollar Deal Is Approved

By Mike Curley

A Tennessee federal judge has given final approval to a settlement to end consumer claims stemming from a rodent infestation at a Family Dollar Stores Inc. warehouse, but denied a bid by class counsel for $10 million in fees.

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AIG Insurers Near Deal With Foam Co. Over MDL Coverage

By Hailey Konnath

Firefighting foam company Tyco Fire Products LP and a group of AIG insurers have reached a tentative settlement that would resolve a dispute over coverage of multidistrict litigation involving Tyco over so-called forever chemicals, according to a notice filed Tuesday in South Carolina federal court.

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Panera To Nix 'Charged' Drink At Center Of Death Suits

By Jonathan Capriel

Panera Bread Co. will soon no longer serve its "Charged Lemonade," the caffeinated drink at the center of two lawsuits that claim the restaurant chain is liable for the wrongful death of two patrons.

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NJ Law Firm Scores Exit In Benicar MDL Fees Suit

By George Woolston

A New Jersey federal judge on Tuesday granted Mazie Slater Katz & Freeman LLC attorneys a quick win in a proposed class action claiming they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, ruling the suit alleges identical claims to another suit that has been dismissed.

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Fla. Schools And Hospitals Fight To Save Opioid Claims

By Carolina Bolado

Five public hospital districts and two school districts told a Florida appeals court Tuesday that their claims for damages from the opioid crisis should not be eclipsed by the attorney general's settlements with opioid makers and distributors, arguing that she did not have the authority to bring claims on their behalf.

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Boeing Can't Widen Ethiopian Airlines Test Case Pool

By Lauraann Wood

An Illinois federal judge chose six cases Tuesday for a November trial over the Ethiopian Airlines Flight 302 crash and gave Boeing the power to decide the order in which they'll face a jury, finding a middle road between sides sparring over how to select the bellwether cases.

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DRUGS & DEVICES

Birth Control Cos. Can't Dodge Conn. Injury Suit, Court Told

By Ryan Harroff

An Illinois woman who sued after her Filshie Clip birth control device migrated inside of her and "wreaked havoc on her body" has urged a state court not to let the manufacturers of the device and the seller's parent companies dodge her claims.

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FOOD & BEVERAGE

Target Sued Over Citric Acid In Good & Gather Pasta Sauce

By Gina Kim

Target has been hit with a putative class action in California federal court by a shopper who alleges the retail giant falsely touts that its line of Good & Gather pasta sauces contain no artificial colors, flavors or preservatives despite containing citric acid.

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CONSUMER GOODS

NY Officials Tout Crackdown On Illicit Cannabis Market

By Sam Reisman

New York state cannabis regulators on Tuesday touted new legislative changes empowering them to more swiftly crack down on unregulated marijuana sales, the same day that New York City officials announced a program to step up enforcement against unlicensed retailers.

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Policy Dispute Should Be Heard In Wash., Colo. Judge Says

By Hope Patti

A Colorado federal court has tossed an insurer's suit seeking a declaration that it doesn't owe $4 million in coverage to a climbing equipment manufacturer and its primary insurer, finding that a related case in Washington state court provides a better opportunity to resolve the parties' dispute.

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TECHNOLOGY

DOJ's 'Dr. Doom' Sees AI's Crime-Fighting Abilities, And Risks

By Hannah Albarazi

The U.S. Department of Justice is using artificial intelligence to bolster its investigations, including into the Jan. 6 attack on the U.S. Capitol, said U.S. Deputy Attorney General Lisa Monaco on Tuesday at a cybersecurity conference at which she dove into the beneficial uses of AI alongside its threats to security and democracy.

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CONSTRUCTION

Contract's 1-Year Limit Doesn't Block NC Mold Claims

By Mike Curley

A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.

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EXPERT ANALYSIS

What 100 Federal Cases Suggest About Changes To Chevron

With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

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LEGAL INDUSTRY

Northeast Firms Harris Beach, Murtha Cullina To Join Forces

By Christine DeRosa

Midsize law firms Harris Beach PLLC and Murtha Cullina LLP on Tuesday announced plans to combine starting next year, creating one firm with a footprint across Connecticut, Massachusetts, New York and nearby states.

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Titans Of The Plaintiffs Bar: Susman's Brook, Shackelford

By Sydney Price

Susman Godfrey LLP attorneys Davida Brook and Stephen Shackelford Jr. learned very early on in their working relationship that they needed to trust each other. That concept, they say, has been foundational to their success as defamation attorneys, and those who have worked alongside them say everyone else has reason to trust them, too.

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Florida Judge Delays Trump's Classified Docs Trial Indefinitely

By David Minsky

The Florida judge overseeing the criminal case that accuses former President Donald Trump of holding onto classified documents upon leaving office extended indefinitely the planned May 20 start of the trial, citing "myriad and interconnected pretrial" issues regarding the Classified Information Procedures Act, according to a federal court order filed on Tuesday.

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Stormy Daniels Tells NY Jury 'Fear' Drove Hush Money Deal

By Frank G. Runyeon, Stewart Bishop and Rachel Scharf

Adult film star Stormy Daniels detailed for a Manhattan jury on Tuesday how a sexual encounter with Donald Trump in 2006 led to an alleged $130,000 hush money payment in 2016, describing how it was "fear and not money" that led her to make the deal.

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Coverage Recap: Day 9 Of Trump's NY Hush Money Trial

By Rachel Scharf, Stewart Bishop and Frank Runyeon

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to porn star Stormy Daniels ahead of the 2016 election. Here's a recap from day nine.

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Prepetition Waivers Sway Invitae Judge On Kirkland Hire

By Vince Sullivan

A New Jersey bankruptcy judge approved the retention of Kirkland & Ellis LLP as bankruptcy counsel for debtor Invitae Corp. Tuesday, the same day he approved a $239 million sale of its assets to Labcorp.

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Atty Dons Muppet Head To Open Sesame Place Race Bias Trial

By P.J. D'Annunzio

A federal jury in Philadelphia on Tuesday gazed at the googly eyes and blue fur of an attorney who donned the head of Sesame Street's Grover to tell them that performers wearing the fluorescent bodysuits of other beloved Muppets discriminated against children at a Pennsylvania theme park because of the color of their skin.

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Remote Atty Is No Reason For Mistrial, 10th Circ. Says

By Emily Sawicki

In a published opinion Tuesday, a Tenth Circuit panel ruled that the remote court appearance of a plaintiff's attorney who contracted COVID-19 was not grounds to declare a mistrial after a Black utility worker lost his Title VII workplace discrimination case in Kansas, finding that the plaintiff could not show that he was prejudiced by his lead counsel's absence.

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LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Arnett Litigation

Barrett Law Group

Barry Richard Law Firm

Ben Martin Law

Brand Woodward

Carlton Fields

Clare Locke

Clifford Law Offices

Cole Schotz

Collins & Lacy

Continental PLLC

Covington & Burling

Crosner Legal

Cuneo Gilbert

Duane Morris

Earth & Water Law

Farnan LLP

Fitzpatrick Hunt

Gibson Dunn

GrayRobinson

Greenberg Traurig

Gunster Yoakley

Halloran & Sage

Harris Beach PLLC

Kirkland & Ellis

Kline & Specter

Kreindler & Kreindler

LeVan Stapleton

Levin Sitcoff

Mandelbaum Barrett

Mazie Slater

McAnany Van

Murphy Falcon

Murtha Cullina

Nagel Rice

NechelesLaw

Perkins Coie

Podhurst Orseck

Porzio Bromberg

Ruggeri Parks

Shook Hardy

Stranch Jennings

Susman Godfrey

Terrell Hogan

The Popham Law Firm

Trial Law Firm LLC

Weitz & Luxenberg

Wheeler Trigg

White & Case

Winston & Strawn

COMPANIES IN TODAY'S NEWS

Allergan PLC

American International Group Inc.

CVS Health Corp.

Cardinal Health Inc.

Cencora Inc.

Chevron Corp.

Collins Aerospace Inc.

CooperSurgical Inc.

Daiichi Sankyo Co.

Deerfield Management Co. LP

Dollar Tree Inc.

Endo International PLC

Ethiopian Airlines Enterprise

Forest Laboratories Inc.

Fox News Network LLC

Invitae Corp.

Johnson & Johnson

Johnson Controls International PLC

Lee Memorial Health System

McKesson Corp.

Moore Capital Management LLC

Natural Resources Defense Council

Overstock.com Inc.

Panera Bread Co.

SeaWorld Parks & Entertainment Inc.

Starr International Co. Inc.

Target Corp.

Teva Pharmaceutical Industries Ltd.

Trump Organization Inc.

Utah Medical Products Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Federal Bureau of Investigation

Food and Drug Administration

Manhattan District Attorney's Office

National Marine Fisheries Service

New York City Police Department

U.S. Bankruptcy Court for the District of New Jersey

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. Department of Labor

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

U.S. District Court for the District of New Jersey

U.S. District Court for the District of South Carolina

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

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

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

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

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

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

U.S. Office Of Special Counsel

U.S. Supreme Court

United States District Court for the District of Colorado